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危险驾驶罪是《刑法修正案(八)》作为《刑法》第133条之一新增加的一个罪名,危险驾驶罪在立法,司法实践中有待进一步完善。一是在定罪方面危险驾驶罪用词不精确,也缺乏相应的司法解释;二是在量刑方面对危险驾驶罪的规定过轻,我国对危险驾驶罪的处罚只有拘役和罚金,主刑过于单一,量刑幅度小,缺乏伸缩性,致使打击危险驾驶行为的效果大打折扣,为此,文章从扩大危险驾驶罪的调整范围,适当增加其处罚力度,强化执行,明确“情节恶劣”的范围来完善我国的危险驾驶罪,以便最大限度的有效保护公众的合法权益,从而促进社会的和谐健康发展。
Dangerous driving offense is a new offense added as “Criminal Law Amendment (VIII)” to Article 133 of the Criminal Law. Dangerous driving offense needs to be further perfected in legislation and judicial practice. First, the term guilty of dangerous driving offense in terms of conviction is not accurate, and the corresponding judicial interpretation is also lacking. Second, the provisions on dangerous driving crime in sentencing are too light. Our punishment of dangerous driving crime is only criminal detention and fine, Due to the small margin of sentencing and the lack of scalability, the effect of cracking down on dangerous driving behaviors is greatly reduced. Therefore, the article expands the scope of adjustment of dangerous driving offense, appropriately increases its penalties, enforces the enforcement and specifies the range of “bad plot” Improve our country’s dangerous driving offense, in order to maximize the effective protection of the public’s legitimate rights and interests, so as to promote social harmony and healthy development.