Research on the consequential system attached to the crime of drunk driving in China
我国醉酒型危险驾驶罪附随后果制度研究

摘要

犯罪附随后果制度，是基于行为人犯罪前科或其犯罪记录，对行为人本人及特定关联主体（如家庭成员、亲属）的特定权利、资格或利益予以限制、禁止或剥夺的法律制度。研究综合采用规范分析、实证分析与比较研究揭示，该制度存在三重核心问题：一是附随后果与轻罪罪责不匹配；二是多数附随后果无期限限制，违背比例原则；三是对不同文化层次群体惩戒失衡问题。本文提出应确立“罪责自负”原则，通过规范性文件明确附随后果仅及于行为人、构建中国特色“轻罪前科附条件消灭”制度、实行差异化处罚，提升惩戒精准性与矫正效果。本文旨在解决醉酒型危险驾驶罪附随后果制度与轻罪治理理念脱节问题，推动制度完善以契合罪责刑相适应原则、助力犯罪人复归社会。

Abstract

The system of collateral consequences of crimes refers to a legal system that restricts, prohibits, or deprives specific rights, qualifications, or interests of the actor themselves and specific related subjects (such as family members and relatives) based on the actor’s criminal record or prior conviction. Through a comprehensive approach combining normative analysis, empirical analysis, and comparative research, this study reveals three core problems of the system: first, the mismatch between collateral consequences and the liability of minor offenses; second, most collateral consequences have no time limit, violating the principle of proportionality; third, the unbalanced punishment among groups with different educational backgrounds. This paper proposes that the principle of "individual liability for one’s own crimes" should be established, collateral consequences should be clearly limited to the actor through normative documents, a China-specific "conditional elimination of minor offense records" system should be constructed, and differentiated punishment should be implemented to improve the accuracy of punishment and correction effects. This study aims to address the disconnection between the collateral consequences system for drunk driving-related dangerous driving offenses and the concept of minor offense governance, and promote the improvement of the system to conform to the principle of proportionality between crime, liability, and punishment, thereby facilitating the reintegration of offenders into society.