"Drunk driving into penalty"is the embodiment of the shift of criminal law prevention in the context of risk society.In order to clarify the doubts related to drunk driving into penalty,we should first clarify its illegal connotation.It is generally believed that the crime of dangerous driving in Article 133 of the criminal law adopts the legislative form of abstract dangerous crime,but the abstract dangerous crime is only a fictitious danger,and its penalty basis needs to be further explained.Starting from the context of risk society,this paper reviews the penalty basis of abstract dangerous crime from the two approaches of legal interest theory and norm theory,and comes to the conclusion that the distinction between abstract dangerous crime and specific dangerous crime is of little significance.Maintaining people's expectation of norms and enabling people to freely exercise their own rights are the reasons for regulating dangerous behavior.Based on this specification safety theory,this paper puts forward relevant legislative suggestions on drunk driving clauses.
关键词
醉驾入刑/抽象危险犯/法益论/规范论/安全性
Key words
Drunk Driving into Penalty/Abstract Dangerous Crime/Legal Interest Theory/Normative Theory/Safety
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