Limited Interpretation Of The Road In Crime Of Drunken Driving

The crime of drunken driving has become the largest crime in our country,and the number of cases is still increasing.As the constitutive elements of the illegality of this crime,the road should play the function of limiting the criminalization of the crime.However,in judicial practice,the identification of roads shows an expanding trend,and there is a tendency that roads can be found all over the world.The expansion of road identification has become one of the growing sources of judicial determination of drunken driving crime.The crime of drunken driving should be a legal crime,and the punishment is the violation of the administrative order of road safety.Because no matter according to the criminal law itself or according to the judicial interpretation and guidance in judicial practice,it is impossible to realize the self-consistency in theory to identify this crime as an abstract dangerous crime.Only when it is interpreted as a legal crime can the theoretical contradiction be reasonably eliminated.Since it is a legal crime,its establishment must rely on the pre-administrative law norms,accordingly,the scope of the road in the crime of dangerous driving should also rely on the pre-administrative law norms,so it is necessary to take the road scope in the Road Traffic Safety Law as the boundary.The characteristic of "double violation" of legal crime determines that reasonable restriction should be carried out when explaining the road in the crime of drunken driving.On the one hand,the road can only be the existence scope of the safety administrative order,and neither the existence scope of the non-administrative order nor the area of the non-safety administrative order can be recognized as the road in the criminal law;on the other hand,it is still necessary to judge the degree of violation of the safety administrative order in order to realize the necessity and appropriateness of the scope of punishment.The limited interpretation of the crime of drunken driving does not ignore the criminal law protection in the "non-road" area.The protection of legal interests in "non-road" areas can still be realized in accordance with the provisions of criminal law.The interpretation of road restriction only realizes the function of limiting the expanding scope of punishment for driving crime,which is a positive protection of human rights and to curb the tendency of dangerous driving crime to become a quasi-"pocket crime".