危险驾驶行为入罪的三个问题

危险驾驶行为的社会危害有目共睹,是当前刑事立法领域的焦点。在我国行政法与刑法处罚二元体系并存情况下,危险驾驶行为是否应当入罪,危险驾驶行为如果入罪应当采取何种罪名以及犯罪构成模式,危险驾驶的刑罚如何规定,这三个问题在刑事立法中应当着力思考。

Three Problems of Incriminating Dangerous Driving

The harm of dangerous driving to the society,a present focus of criminal legislation,is there for all to see,Under the situation where the binary systems of the administrative law and criminal penalties of China coexist,the following three questions in the criminal legislation should be seriously considered: first,whether dangerous driving should be incriminated,second,if the behavior is convicted legislatively,how to provide its accusation and constitutive pattern of crime,third,how to provide its related ...