危险驾驶罪的犯罪构成若干问题辨析

危险驾驶罪的设立使"醉驾"和"追逐竞驶"两种行为从行政处罚领域进入到刑法处罚领域,这是我国立法实践的重大进步,更是我国刑法理论界的一项重要突破。但目前理论界与司法实践中对于此罪的犯罪构成,还存在许多质疑和亟待解决的问题。文章针对危险驾驶罪的犯罪构成中几个较有争议的问题展开辨析,以期对该罪的立法完善与司法适用有所助益。

Analysis on Constitution of Crime of Dangerous Driving

"Drunk driving" and "pursuit of competitive driving" are guilty,which has been stimulated as dangerous driving charge.It is not only a great progress to make these two kinds of behavior from the administrative punishment enter the field of criminal law penalty area in legislation practice of our country,but also an important breakthrough in criminal law theory circle.But there are still many questions and problems to be solved with regard to the criminal constitution.This paper analyses a few controversial issues in this field,in the hope of helping improve the legislation and judicial application.