As China enters the era of misdemeanor governance,the threshold for criminalizing dangerous driving in drunk driving is low and the mode of excluding offenses is limited.As a result,the marginal effect of criminal norms and policy regulation on the punishment of drunk driving crimes is gradually emerging.From the perspective of legitimacy,the conditional non-prosecution of drunk driving cases is in line with the legal concept and supported by relevant laws and regulations.In terms of practical exploration,the"relative non-prosecution+"processing model attempted by various regions in recent years for cases of minor drunk driving is essentially a conditional non-prosecution.In the future,we should leverage the advantages of criminal procedure law,explore the application of the conditional non-prosecution system in drunk driving cases,and promote the construction of a Chinese characteristic minor crime litigation system.The application of the conditional non-prosecution system in drunk driving cases in our country can be constructed by expanding the scope of application of conditional non prosecution,clarifying the conditions for applying conditional non prosecution in drunk driving cases,scientifically setting up the inspection mechanism for conditional non-prosecution in drunk driving cases,and strengthening the protection of the rights of relevant parties in conditional non-prosecution of drunk driving cases.
关键词
醉驾/危险驾驶罪/轻罪治理/附条件不起诉
Key words
drunk driving/the crime of dangerous driving/misdemeanor governance/conditional non-prosecution
维普
万方数据