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基于重特大、恶性交通事故频发以及公共交通犯罪刑事立法欠缺完善和刑事司法有待优化的现实,有关部门提出了有必要针对酒后驾驶和其他危险驾驶行为设置专门的“危险驾驶罪”进行刑事归责的建议。由于增设“危险驾驶罪”涉及抽象危险犯这一较为复杂且疑难的刑法原理,有必要结合抽象危险犯刑法原理对增设危险驾驶罪进行细致思考,为立法机关制定新的规定规制酒后驾驶等危险驾
Based on the frequent occurrence of serious and vicious traffic accidents and the imperfect criminal legislation of public transport crimes and the reality that criminal justice needs to be optimized, relevant departments have proposed that it is necessary to set up a special “dangerous driving offense” for drunk driving and other dangerous driving behaviors. Suggestion of criminal responsibility. As the addition of “dangerous driving offense” involves the more complicated and difficult criminal law of abstract dangerous criminals, it is necessary to carefully consider the additional dangerous driving offense in light of the principle of abstract dangerous criminal law, and to formulate new regulations for the legislature to regulate the drunkard Driving and other dangerous driving