法经济学认为刑罚之所以必要,是因为犯罪造成的损害不可能得到完美的补偿,同时金钱性赔偿还将受到罪犯“破产约束曲线”的限制。法经济学还认为罪犯是理性的,犯罪是其权衡了成本与收益后的行为,而犯罪的社会成本不仅包括犯罪造成的社会净损失,还应包括预防犯罪的成本。而刑法的目标则是使犯罪的社会成本最小化,因此不能一味地增大投入来预防犯罪。本文以此为基础分析舆论热议的盲驾入刑,发现盲驾同样是驾驶者权衡了成本和收益后的行为,而在行政处罚和针对性的措施仍有巨大适用空间的前提下,盲驾入刑很可能导致刑法威慑超过社会需要的最优水平,因此盲驾入刑尚不可取。 According to law and economics, the reason why punishment is necessary is that the damage caused by crime can not be perfectly compensated and the money-based compensation will be limited by the criminals “bankruptcy restraint curve ”. Law and economics also believe that criminals are rational, crime is its trade-offs of costs and benefits, and the social costs of crime include not only the net social loss caused by crime, but also the cost of crime prevention. The criminal law’s goal is to minimize the social costs of crime, so you can not blindly increase investment to prevent crime. Based on this analysis, this paper analyzes the hot topic of blind driving, and found that the blind driver is also a driver after weighing the costs and benefits of the behavior, and in the administrative punishment and targeted measures are still huge room for the premise of the blind Driving into the sentence is likely to lead to criminal law deterrence exceeded the social needs of the optimal level, so blind driving into the sentence is not desirable.