醉酒驾车肇事之主观归责：故意与过失的博弈

醉酒驾车肇事的行为人在主观过错上究竟属于故意还是过失？对其进行刑事归责的主观根据何在？我国大陆刑法理论上缺乏支持,实践中亦分歧明显。以原因自由行为的讨论为前提,以责任主义为立足点,分析醉酒驾车肇事行为人刑事归责的主观根据,并对现有理论和实践中可能存在的谬误认识提出合理性怀疑,包括对该类案件如何进行主观归责作出原则性分析,甚至提出“一个主观心态可以支配一个或多个连续行为”的观点,以此得出结论,对醉酒驾车肇事的行为应当以陷入醉酒状态前的主观心态为主要根据,且适当以陷入醉酒状态之后的主观心理为辅助作综合考察,从而准确确定其肇事行为的主观归责定性根据等。     

A Two‐Year Study of Δ 9 Tetrahydrocannabinol Concentrations in Drivers; Part 2: Physiological Signs on Drug Recognition Expert (DRE) and non‐DRE Examinations,,

Whole blood samples were examined for ?⁹‐Tetrahydrocannabinol (THC) over 2 years in drivers suspected of driving under the influence. Part one of the study examined the link between [THC] and performance on field sobriety tests. This portion examined objective signs, eye examinations and physiological indicators; and their relationship to the presence of THC. Several objective signs were excellent indicators of the presence of THC: red eyes (94%), droopy eyelids (85.6%), affected speech (87.6%), tongue coating (96.2%), and odor of marijuana (82.4%). About 63.6% of THC positive subjects had dialted pupils (room light). THC positive subjects had either rebound dilation or hippus in 88.8% of cases. Pulse and blood pressure (BP) were evaluated to determine any correlation with [THC]. An increased pulse rate correlated well to the presence of THC (88.5%), but not [THC]. BP did not correlate to [THC] and was also a poor indicator of THC in the blood (50% high).     

The Effect of Lowering the Legal Drink‐Drive Limit on the Toxicological Findings in Driver Fatalities: A Comparison of Two Jurisdictions,

In December 2014, the legal blood alcohol limit for drivers in both Scotland and New Zealand was reduced from 80 to 50 mg/100 mL. This paper reports a retrospective study comparing changes in the toxicological findings in deceased drivers and motorcyclists before and after the limit change in both jurisdictions. A year of fatal motor vehicle crashes prior to and following the limit change is examined for both countries. In Scotland, there was an increase in drug prevalence among fatally injured drivers and motorcyclists, with the use of all drug groups increasing after the limit change, with the exception of cannabinoids. In New Zealand, there was a reduction in cases involving drugs only, but increases in the numbers of deceased drivers and motorcyclists positive for alcohol only and co‐using alcohol and drugs.     

“醉酒型”危险驾驶罪的量刑标准——以司法理性与审判效率的契合为视角

鉴于＂醉酒型＂危险驾驶罪在《刑法修正案（八）》施行一年之际暴露出的诸多困境,司法实践应从出罪途径和量刑标准两个方面来破解定罪界限与量刑失衡现状：通过反证抽象危险的不存在及适用总则第13条来构建合理的出罪路径,以期坚守司法理性和刑法的谦抑性;通过量刑规范化来统一量刑标准和程序参与,确定从量刑起点直至宣告刑中各个环节的标准和影响幅度。从而＂以看得见的形式＂实现量刑的规范和公正,最大限度地实现司法的公正、效率和社会认可。     

中朝金融合作的驱动因素与对策分析

2000年以来,中朝双边经贸关系迅速发展,人民币跨境流动规模不断扩大,但双方金融合作滞后于经贸合作,制约了经济资源在两国间的流动和有效配置。加强金融合作应立足于中朝经贸合作的长远规划,加强中朝双方中央银行的沟通与合作;推动双方边境地区的金融合作;发挥双方银行结算主渠道作用;加强双方金融监管合作;以"两岛一区"经贸合作带动双方金融合作。     

A Review of Alcohol‐Impaired Driving: The Role of Blood Alcohol Concentration and Complexity of the Driving Task

The operation of a motor vehicle requires the integrity of sensory, motor, and intellectual faculties. Impairment of these faculties following the consumption of alcohol has been studied extensively through laboratory, closed‐course and on‐road driving, and epidemiological studies. The scientific literature was reviewed critically, with a focus on low‐to‐moderate blood alcohol concentrations (BAC ≤ 0.100%), to identify the most reliable determinants of alcohol‐impaired driving. Variables such as age, gender, driving skill, and tolerance were shown to have limited impact on impairment. It was concluded the most relevant variables are BAC and complexity of the driving task. The scientific literature provides a high degree of confidence to support the conclusion that a BAC of 0.050% impairs faculties required in the operation of a motor vehicle. Whether impairment is apparent depends upon the complexity of the driving task, which applies to both study design and actual driving.     

Predicting motor vehicle crash involvement from a personality measure and a driving knowledge test

Typically, safety‐related driver education programs are aimed at changing knowledge of vehicle operation rules and regulations. However, vehicle crashes are as likely to be related to driver personality variables as they are to the knowledge of vehicle operation and rules and regulations. In a study with 48 licensed drivers, crashes were found to be significantly correlated with conscientiousness, a five‐factor model personality dimension, but not with scores on a driving knowledge test. It would appear that prevention efforts should also be directed at changing conscientiousness‐related behaviors, including an emphasis on goal‐setting, and following rules and regulations.     

机动车行驶安全距离的判断

机动车能否安全行驶,在一定程度上取决于机动车驾驶人掌握行驶安全距离的能力。机动车行驶安全距离是指从发现障碍开始制动,到最后完全停止所行驶的距离,它包含纵向行驶安全距离和横向行驶安全间距。纵向行驶安全距离取决于制动停车距离;横向行驶安全距离应根据路面的不同、气候的变化灵活掌握。由此可见,机动车驾驶人必须根据机动车的行驶速度、道路状况、气候条件、装载状况等因素,灵活掌握机动车的行驶安全距离,以充分保证其行驶的安全性。     

The modern trends in alcohol, drugs and driving research

Research on alcohol, drugs and driving can be broadly separated into experimental and epidemiological studies. Every approach has its inherent advantages and disadvantages. Experimental studies can result in an interpretation by single cause, but can only identify potential risks, and the results can sometimes be of limited value because of the use of non-realistic doses or because of the drug use history or inter-individual differences of the volunteers. Recent studies have used higher, more realistic doses and paid more attention to the combination of alcohol and drugs and have shown that the chronic use of illicit drugs can be associated with some cognitive and/or psychomotor impairment, and can lead to a decrease in driving performance even when the subject is no longer intoxicated.Epidemiological studies include roadside surveys, studies in a subset of drivers, accident risk studies, responsibility analyses, surveys and pharmaco-epidemiological studies. Between studies, results may be incomparable due to testing different populations, different kinds of samples, etc. More large-scale roadside studies are conducted now.Advances in analytical toxicology have also contributed to a better understanding of the risks associated with driving under the influence. While older studies measured the inactive metabolite THC-COOH and did not show an increased risk in cannabis-positive drivers, more recent studies measured the active THC in blood and did show a concentration dependent increase in crash risk. The use of LC–MS/MS has allowed more broad-range screening as this technique can measure many different drugs in a small sample volume. While some older studies used saliva but had many analytical problems (including an insufficient sample volume in up to a third of the cases), newer methods of saliva sampling and analysis give better results. The use of saliva for roadside surveys allows non-invasive sampling, but the lack of correlation with the concentrations in blood makes interpretation of results difficult.The results of both epidemiological and experimental studies should be combined to obtain a good estimate of the impact of certain drugs on driving performance and accident risk. In 2006–07 a committee of international experts drafted guidelines for future research into drugs and driving. These have been taken on board by the DRUID project, a large-scale EU funded project on driving under the influence of drugs, alcohol and medicines.