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我国刑法修正案(八)已经将醉酒驾车和飙车行为列入立法的行列,关于醉酒驾车的司法解释在试用过程中引发了各种争论,其刑法性成为舆论和学界关注的焦点。由于醉酒犯罪行为具有特殊性,造成传统刑事责任理论与醉酒犯罪人归责问题的冲突,本文主要通过分析醉酒驾车犯罪的性质及构成要件,根据醉酒驾车的实际犯罪情节轻重,进行刑法适应,并通过剖析犯罪人的刑事责任能力来论证处罚醉酒犯罪的合理性。
Amendments to Criminal Law in China (8) have listed drunken driving and drag racing in the legislative ranks. Judicial explanations of drunken driving have caused various controversies during the probationary process, and their criminal law has become the focus of public opinion and academia. Due to the particularity of drunken crime and the conflict between the traditional theory of criminal responsibility and the liability of drunk criminals, this paper mainly analyzes the nature and components of drunk driving crime, adapts criminal law according to the actual crime circumstances of drunken driving and Through the analysis of criminals’ criminal responsibility, the rationality of punishing drug offenses is demonstrated.