我国酒后驾驶处罚制度的法经济学分析
发布时间：2018-11-18 14:38
【摘要】：近年来，随着我国经济社会的快速发展，机动车保有量迅猛增加，由此带来的酒后驾车肇事现象愈演烈，引起了全社会的高度关注，社会各界就如何进一步严惩酒后驾车违法现象展开了激烈争论。本文试图透过法经济学的视野，将我国酒后驾驶处罚制度还原到经济社会中，运用法经济学的分析方法对我国酒后驾驶处罚制度进行考察，从全新的角度对我国酒后驾驶处罚制度的变迁提供的一些有益的参考。 文章第一部分简要叙述了我国酒后驾驶的界定标准及其危害性，回顾了我国酒后驾驶处罚制度的发展，考察了部分发达国家的酒后驾驶处罚制度，并阐述了用法经济学分析的方法研究酒后驾驶处罚制度的意义。 文章第二部分从法经济学的角度，对我国酒后驾驶处罚制度的设计进行了分析，阐述了制度在预防和惩罚醉酒驾驶上的功能定位、酒后驾驶处罚制度设计的基本原理，详细分析了酒后驾驶处罚制度的公平与效率问题，使读者对我国酒后处罚制度设计的合理性有了更进一步的认识。 文章第三部分运用法经济学成本效益理论，从行政处罚和刑事处罚两个方面，对我国酒后处罚制度的运行情况进行了全面、详细的分析，指出了我国现行酒后处罚制度存在运行成本高、效益低的缺陷，具体表现在：行政处罚执法成本高但违法行为发现率低、查处率低，，刑事处罚同样存在司法成本过高，但震慑效果差且执行难度大的缺陷。 文章第四部分着重建议从减少成本、提高效益两个方面进一步优化我国现有的酒后驾驶处罚制度，提出了运用法律、行政和经济手段增加违法成本，明确罪名、引用判例节约司法成本，简化执法程序降低执法成本等途径，减少酒后处罚制度的运行成本；采取加强执法监督、扩大责任追究主体和强化社会监管力度等方法，提高酒后驾驶处罚制度的运行效益，为我国酒后驾驶处罚制度的变迁提供了思路和模式借鉴。
[Abstract]:In recent years, with the rapid development of our country's economy and society, the number of motor vehicles has increased rapidly, and the phenomenon of drunken driving has become more and more serious, which has aroused the attention of the whole society. All walks of life on how to further punish drunk driving illegal phenomenon launched fierce debate. Through the vision of law and economics, this paper attempts to restore the penalty system of drunk driving in our country to the economic society, and to investigate the penalty system of drunk driving in our country by using the analytical method of law and economics. From a new point of view, China's drunk driving penalty system changes to provide some useful reference. The first part of the article briefly describes the definition standards and harmfulness of drunk driving in China, reviews the development of the penalty system of drunk driving in China, and examines the penalty system of drunk driving in some developed countries. And elaborated the usage economics analysis method to study the drunk driving punishment system significance. In the second part, from the angle of law and economics, the author analyzes the design of the penalty system of drunk driving in our country, and expounds the function orientation of the system in preventing and punishing drunk driving, and the basic principle of the design of penalty system for drunk driving. This paper analyzes the fairness and efficiency of drunk driving punishment system in detail, which makes readers have a better understanding of the rationality of the design of drunk driving punishment system in China. In the third part, by using the cost-benefit theory of law and economics, the author makes a comprehensive and detailed analysis of the operation of the system of drunk punishment in China from two aspects: administrative punishment and criminal punishment. This paper points out that the current system of drunk punishment in our country has the defects of high running cost and low benefit, which is manifested in the following aspects: high cost of administrative punishment, low detection rate of illegal behavior, low rate of investigation and punishment, and too high judicial cost of criminal punishment. But the deterrent effect is bad and the execution difficulty is big flaw. In the fourth part of the article, it is suggested that the existing penalty system of drunk driving should be further optimized from the aspects of reducing cost and improving efficiency, and that the legal, administrative and economic means should be used to increase the illegal cost and make clear the crime. It can save the judicial cost, simplify the law enforcement procedure, reduce the law enforcement cost, and reduce the running cost of the drunk punishment system. In order to improve the efficiency of drunk driving punishment system, we should strengthen the supervision of law enforcement, expand the subject of responsibility investigation and strengthen social supervision, and provide some ideas and models for the change of drunk driving punishment system in our country.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.14;D90-059
本文编号：2340317
[Abstract]:In recent years, with the rapid development of our country's economy and society, the number of motor vehicles has increased rapidly, and the phenomenon of drunken driving has become more and more serious, which has aroused the attention of the whole society. All walks of life on how to further punish drunk driving illegal phenomenon launched fierce debate. Through the vision of law and economics, this paper attempts to restore the penalty system of drunk driving in our country to the economic society, and to investigate the penalty system of drunk driving in our country by using the analytical method of law and economics. From a new point of view, China's drunk driving penalty system changes to provide some useful reference. The first part of the article briefly describes the definition standards and harmfulness of drunk driving in China, reviews the development of the penalty system of drunk driving in China, and examines the penalty system of drunk driving in some developed countries. And elaborated the usage economics analysis method to study the drunk driving punishment system significance. In the second part, from the angle of law and economics, the author analyzes the design of the penalty system of drunk driving in our country, and expounds the function orientation of the system in preventing and punishing drunk driving, and the basic principle of the design of penalty system for drunk driving. This paper analyzes the fairness and efficiency of drunk driving punishment system in detail, which makes readers have a better understanding of the rationality of the design of drunk driving punishment system in China. In the third part, by using the cost-benefit theory of law and economics, the author makes a comprehensive and detailed analysis of the operation of the system of drunk punishment in China from two aspects: administrative punishment and criminal punishment. This paper points out that the current system of drunk punishment in our country has the defects of high running cost and low benefit, which is manifested in the following aspects: high cost of administrative punishment, low detection rate of illegal behavior, low rate of investigation and punishment, and too high judicial cost of criminal punishment. But the deterrent effect is bad and the execution difficulty is big flaw. In the fourth part of the article, it is suggested that the existing penalty system of drunk driving should be further optimized from the aspects of reducing cost and improving efficiency, and that the legal, administrative and economic means should be used to increase the illegal cost and make clear the crime. It can save the judicial cost, simplify the law enforcement procedure, reduce the law enforcement cost, and reduce the running cost of the drunk punishment system. In order to improve the efficiency of drunk driving punishment system, we should strengthen the supervision of law enforcement, expand the subject of responsibility investigation and strengthen social supervision, and provide some ideas and models for the change of drunk driving punishment system in our country.
【学位授予单位】：福州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.14;D90-059
【共引文献】
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