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《刑法修正案(八)》增设危险驾驶罪,将醉酒驾驶及追逐竞驶行为入罪,引发了社会各界广泛的争论。本文以醉酒驾驶构成的危险驾驶罪为视角,浅析危险驾驶罪设立的意义,并分析危险驾驶罪的犯罪构成及司法实践,从立法及司法上对危险驾驶罪进行思考,探讨其不足之处及可完善之方向。
“Amendment to Criminal Law (8)” The addition of dangerous driving offenses to incriminate drunk driving and chase racing competition has triggered a wide-ranging controversy in the community. This article takes the dangerous driving offense constituted by the drunk driving as the angle of view, analyzes the significance of the establishment of dangerous driving offense, and analyzes the crime constitution and judicial practice of dangerous driving offense, from the legislation and judicature to think about the dangerous driving offense, and discusses its shortcomings And can improve the direction.