“河南公安精神”是河南警务改革的源动力

河南警务改革从题目提出，到试点实验，再到各省辖市城区公安机关全面展开，一直有一种内在的动力在无形中推动着它稳步向前发展，这就是“河南公安精神”。正是全省公安民警以“忠诚、为民、拼搏、奉献”的精神面貌，义无反顾地投入到我国公安史上最大的警务改革，才破解了一个个难题，取得巨大的成功。     

醉酒驾驶肇事行为的刑法评价

近来,地方法院对恶性醉酒驾驶肇事行为人以以危险方法危害公共安全罪定罪处刑,然而,醉驾肇事者的主观罪过不符合以危险方法危害公共安全罪的主观故意要求,醉酒驾驶不符合以危险方法危害公共安全罪的"危险方法具有加害性"的本质特征。由此提出,醉酒驾驶肇事案件的立法解决思路是增设危险驾驶罪,其司法解释解决思路是通过扩大解释来完善交通肇事罪。     

自学申领机动车驾驶证问题研究

当通过驾校培训学习开车已经成为社会共识的时候，深圳市民樵彬第一个站出来公开质疑：为什么一定要通过驾校培训才能向公安机关车辆管理部门申请考试呢？樵彬案件经媒体报道后，社会反响很大，“散学”这一新名词也随之而诞生。其实，只要剖析所谓的“散学”，就知道樵彬根本不属于“散学”群体，争鸣的“散学”也是被现行法律所禁止的。     

Post-mortem cases involving amphetamine-based drugs in the Netherlands: Comparison with driving under the influence cases

In this study we reviewed the post-mortem cases in the years 1999–2004 that were presented at the Netherlands Forensic Institute. The concentrations of amphetamine-based drugs in femoral blood from cases of suspected unnatural death were compared with concentrations in whole blood from non-fatal cases of driving under the influence (DUI cases) and with literature. Furthermore, the combinations with other drugs and/or alcohol were investigated. Amphetamine-based drugs were present in 70 post-mortem cases and 467 DUI cases. The most detected amphetamine-based drug was MDMA, followed by amphetamine. The presence of MDA could usually be explained by metabolism of MDMA. Methamphetamine and MDEA were rarely present. Frequently, the amphetamine-based drugs were taken in combination with alcohol and/or other non-amphetamine-based drugs such as cocaine or cannabinoids. The 70 post-mortem cases were divided into 38 amphetamine-based drug caused (i.e. the amphetamine-based drug directly caused or contributed to the death) and 32 amphetamine-based drug related deaths (i.e. death was not directly caused by the amphetamine-based drug). In the latter category, other (poly)drug intoxications and death by violence or drowning were the most frequent causes of death.In 30 cases, MDMA caused death directly. The range in blood concentrations of MDMA in these cases was substantial, i.e. 0.41–84 mg/L with a median concentration of 3.7 mg/L (n = 30). MDMA blood concentrations in the MDMA related deaths (n = 20) and in the DUI cases (n = 360) varied up to 3.7 and 4.0 mg/L, respectively. Seven victims died from the direct effects of amphetamine; the blood concentration of amphetamine ranged from 0.24 to 11.3 mg/L, with a median concentration of 1.7 mg/L (n = 7). The median concentrations of amphetamine in the amphetamine related deaths (n = 13) and the DUI cases (n = 208) were much lower, i.e. 0.28 and 0.22 mg/L, respectively. Amphetamine blood concentrations up to 6.0 and 2.3 mg/L were seen in the drug related deaths and DUI cases, respectively. The most frequently encountered amphetamine-based drugs in the investigated deaths were MDMA and amphetamine. The majority of MDMA- and amphetamine-caused deaths, i.e. 90% of these deaths, occurred with blood concentrations above 1.5 and 0.80 mg/L, respectively. MDMA and amphetamine blood concentrations in drug related deaths and DUI cases, however, overlap the range of fatal concentrations. Therefore, MDMA or amphetamine concentrations should never be used alone to establish the cause of death.     

Cannabis and driving: Results from a general population survey

The role of illicit drugs on driving, and particularly of cannabis and driving, is the object of increasing awareness. While there is increasing evidence of their effect on psychomotor performance and increased risk of involvement in traffic accidents, limited information is available concerning factors that can predict the likelihood of driving under the influence of cannabis. The present study aims to determine the past year prevalence of driving under the influence of cannabis, and of being a passenger in a vehicle driven by a person under the influence of cannabis, as well as to examine the correlations with a broad range of potential risk factors. A total of 2500 people, aged between 14 and 70 and living in Castille and Leon (Spain), were surveyed in 2004 with regard to their consumption of alcohol and illicit drugs. Among those who reported cannabis use in the previous year, further assessment was carried out. 15.7% of those surveyed reported cannabis consumption in the previous 12 months, of whom 9.7% reported driving a vehicle under the influence of cannabis during this period, on average eight times. One out of five (19.9%) reported being a passenger in a vehicle driven by a person under the influence of cannabis, on average five times in the previous 12 months. The predictors of driving under the influence of cannabis were the population size of community, the number of drugs consumed, reference to cannabis-related problems and to being a passenger in a vehicle driven by a person under the influence of alcohol. The data show that cannabis consumption and driving is common, and requires more attention from policy makers.     

醉酒驾驶犯罪的量刑适用——基于浙江高院五起典型案件的分析

《刑法修正案（八）》将醉酒驾驶犯罪行为规定为危险驾驶罪予以刑事处罚，为打击惩处醉酒驾驶犯罪提供了法律依据。有效地遏制了醉酒驾驶事故的发生，有力地保障了道路交通安全。但是。在司法实践中，对醉酒驾驶犯罪的量刑并无统一的量刑规范。导致本罪在量刑适用上存在不规范、不统一、不均衡的问题。因此，如何准确适用量刑，确保罚当其罪，是审判实践中必须解决的问题。浙江省高级人民法院在2011年公布的五起危险驾驶犯罪案件具有一定的典型性和指导性，通过对上述案件的比较分析，结合以事实为依据，以法律为准绳、罪责刑相适应、体现宽严相济和确保量刑均衡的量刑原则，最终以细化醉酒驾驶犯罪的量刑情节来规范、统一、均衡本罪的量刑适用。     

论“醉驾入刑”

2011年5月1日，刑法修正案（八）正式实施，醉驾正式入罪，与之相衔接，新的道路交通安全法也作了相应的修改。新规实施以来，出现了许多意想不到的问题，成为公安机关交通管理部门治理酒驾的障碍。为此，应制定和实施有效的治理酒驾措施，让酒驾治理的最后一道防线牢不可破。最大程度地减少酒驾带来的危害，让人民真正过上幸福和谐的生活。