坚持行为无价值刑法理论的应然性——写在危险驾驶行为入罪之后

行为的刑事违法性是犯罪的属性之一,那么,行为的违法性的本质,是对法益的侵害还是对社会伦理规范的违反,在没有法益实质侵害的场合是否以违反规范伦理性、违反义务性为理由主张刑事处罚,对此问题的回答涉及到刑法理论定位和刑事司法裁量问题。     

驾驶模拟器用于驾驶员安全教育的研究

本文简要介绍了我国交通事故和驾驶员安全教育现状以及驾驶模拟器用于驾驶员安全教育的前提条件,提出了驾驶模拟器用于驾驶员安全教育的虚拟道路交通视景系统的组成及设计方法,分析了驾驶员安全教育的虚拟道路交通视景特征及驾驶模拟器用于安全教育的可行性。     

Drugs in motorists traveling Swedish roads: on-the-road-detection of intoxicated drivers and screening for drugs in these offenders

This paper deals with the police officer's or police doctor's ability to find drivers under the influence of drugs. We have also studied whether the protocol on the driver's previous histories of drug intake is useful for directing the chemist in his analytical approach to revealing intoxicants in the suspects' body fluids. A comprehensive procedure for screening traffic-hazardous drugs in the urine was found necessary and is described. By using this method, we have studied the incidence of drunken drivers with detectable medicinal or illicit agents. The results demonstrate that 91% of those drivers found by the officer or doctor of the police to be on intoxicants other than ethanol, carried some kind of traffic-hazardous drug in their body fluids, and that the doctor was a better judge than the police in identifying these offenders. By using a series of chemical methods for drug screening, we found that every third driver suspected of drunken driving due to ethanol, but not to other intoxicants, held some kind of a traffic-hazardous drug substance in his urine; benzodiazepines and cannabinoids were the most common findings. The data imply that 34% of these suspects revealed their intakes of traffic-dangerous intoxicants. We conclude that the judgements of both the officer and doctor of the police are needed for an efficacious detection of drivers under the influence of drugs. Moreover, the results infer that the chemist has to screen for intoxicants to reveal these in a suspect driver. We also conclude that drugs, particularly the benzodiazepines or cannabinoids, may be commonly encountered in drunken drivers, suspected of being inebriated by ethanol but no other toxicants.     

危险驾驶案件办理初探

为了解决因为酒后驾车、超速驾驶等不文明驾车行为引发交通事故的问题,《刑法修正案(八)》将危险驾驶行为纳入刑法调整范围,即危险驾驶行为构成刑事犯罪。"酒驾入刑"自实施以来,此类犯罪的案件数量激增,并引发了定案证据单一、强制措施适用不当等问题。本文将从案件办理现状入手,通过分析办案难点及其成因,提出加强宣传教育、提高办案能力、全面收集案件证据、搭建案件信息网络平台、完善法律规范等对策,以期达到完善危险驾驶案件办理工作现状的目的。     

中国吸毒驾车管制问题及其对策

吸毒驾车已成为一个巨大的交通安全隐患,具有较大的社会危害性。目前,中国对于吸毒驾车的管制存在法律不完备、主体不明确、检测吸毒困难等问题。有效管制吸毒驾车,可以借鉴国外的查处方法,同时要加快立法,建立制约机制、相关数据库和预警平台,适时集中进行专项整治,推广新型吸毒检测方法。     

浅析醉酒驾驶行为的法律规制

醉酒驾驶行为的法律规制应追求自由、秩序和正义的价值,以实现对醉酒驾驶行为的遏止。但现实中,醉酒驾驶行为的法律规制因行为的多发性、饮酒的习惯性和制裁的限制性而存在一系列困境,因此在司法实践操作中,需破除对刑罚威慑作用的盲目笃信,在刑法与行政法的顺畅衔接和危险驾驶罪增设资格刑的同时,仍需社会力量的配合。     

Driving Under the Influence of Synthetic Cannabinoid Receptor Agonist XLR‐11

The case of a 22‐year‐old male Caucasian driver is presented. He was involved in a traffic collision. At the roadside, he displayed blank stare and mellow speech with a barely audible voice. A DRE found low body temperature, rigid muscle tone, normal pulse, lack of horizontal and vertical gaze nystagmus, nonconvergence of the eyes, dilated pupil size, and normal Pupillary reaction to light. A standard toxicology DUID protocol was performed on the driver's whole blood including ELISA and GC‐MS drug screens with negative results. Additional drug screening was undertaken for bath salts and synthetic cannabinoid receptor agonists by LC‐MS/MS by a commercial laboratory and identified the synthetic cannabinoid receptor agonist XLR‐11 in the driver's blood. XLR‐11 was subsequently quantified at 1.34 ng/mL. This is the first documented case involving a driver operating a motor vehicle under the influence of the synthetic cannabinoid receptor agonist XLR‐11.     

Types of crimes committed by repeat DUI offenders

This study investigates whether repeat driving under the influence (DUI) offenders have more extensive histories of violent, property, and drug crimes than first-time drunk drivers. It also offers an exploratory investigation into the extent of their criminal specialization. Negative binomial regression was performed on arrest and criminal history data from a systematic random sample of 429 DUI arrestees. Analyses controlling for age, gender, ethnicity, and employment found that being a repeat DUI offender increased the total number of violent and property convictions (regardless of severity) and petty misdemeanor/violation property convictions. The results suggest DUI recidivists are generalists rather than specialists and that impaired driving is best viewed as just one manifestation of a host of deviant behaviors. They also illustrate the challenges of rehabilitating and deterring DUI recidivists and the potential differences between first-time and repeat DUI offenders. The findings should not be interpreted as support of enforcement or deterrent DUI policies that focus on repeat offenders, as limited resources are most efficiently directed at the general population of impaired drivers.     

再论危险驾驶罪的客观方面——超前立法观、实质解释论、类型思维法之运用

《刑法修正案(八)》第22条增设了危险驾驶罪,但是该罪的行为类型欠缺多样性,醉驾行为没有情节的限制,双重既遂标准同时存在,从而导致了该罪的预期功能与现实效果之间的扭曲。为了填补立法漏洞,加强本条的可操作性,应当运用超前立法观、实质解释论和类型思维法,适当丰富该罪的行为类型,将其解释为具体危险犯,以"足以危害公共交通安全"作为统一的既遂标准。     

A 2‐Year Study of Δ 9‐tetrahydrocannabinol Concentrations in Drivers: Examining Driving and Field Sobriety Test Performance,,

From November 1, 2010 through November 30, 2012, 1204 whole‐blood samples were confirmed to contain THC alone or in combination with other drugs out of nearly 5000 Orange County, California, drivers suspected of driving under the influence of drugs. The goal of this study was to examine police reports and drug recognition expert evaluations of THC‐positive samples within this 2‐year time frame to determine whether there is a correlation between whole‐blood THC concentrations and field sobriety tests performance on DRE and non‐DRE evaluations. The FSTs prove to be sensitive to impairment by marijuana although as suspected, the findings of this study did not find a correlation between performance on field sobriety tests and the concentration of THC tested in whole‐blood samples. Driving behaviors were also examined and found to be similar to those seen in alcohol impairment. Future studies examining DRE findings are needed to confirm the results.