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刑法的谦抑性是一种原则和精神,体现了“慎刑”的思想,要求刑法对社会生活的介入必须谨慎。近年来,醉驾行为泛滥,引发了一系列严重的交通事故,对公众的生命健康产生了严重的威胁,《刑法修正案(八)》将醉驾行为纳入刑法的规制范围,社会各界对醉驾行为是否一律入罪问题一直存有争议。本文将从刑法谦抑性原则出发,认为醉驾行为不应该一律入罪。
Modesty and restraint of criminal law is a principle and spirit, which embodies the idea of “cautious punishment”, and requires that criminal law’s intervention in social life must be cautious. In recent years, the proliferation of drunk driving has triggered a series of serious traffic accidents, which have posed a serious threat to the public’s life and health. “The Criminal Law Amendment (VIII)” incorporates drunk driving into the scope of criminal law regulation, The issue of all-in criminal remains controversial. This article starts from the modest principle of criminal law, and believes that drunk driving behavior should not be criminalized.