Review on the Legitimacy of Abstract Dangerous Crime--Also on Some Issues of Drunken Driving into Penalty
"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.
Drunk Driving into PenaltyAbstract Dangerous CrimeLegal Interest TheoryNormative TheorySafety
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