妨害安全驾驶罪入罪路径限缩分析
Analysis of the Problem of Restricted Incrimination of the Offence of Obstructing Safe Driving

我国刑法第十一次修正案将妨害安全驾驶罪正式编入刑法，这体现了社会大背景下，《刑法》对于人们某些行为的提前介入。根据刑法的谦抑性，在论证妨害安全驾驶罪入罪的过程中要从该罪的构成要件和刑罚处罚上进行限缩，达到防止滥用该罪名保障人权的效果。具体从客观构成要件中的实行行为、实行地点，行为人主观上的犯罪故意以及最后的刑罚处罚进行限缩。
The eleventh amendment to China’s “Criminal Law” formally codified the offence of driving while impaired as a criminal offence, based on the early involvement of the “Criminal Law” in people’s behaviour in the context of contemporary society. Based on the modesty of criminal law, in the process of arguing for the criminalization of the offence of driving in a safe manner, the offence should be restricted in terms of its constituent elements and penalties, so as to prevent the abuse of the offence to protect human rights. In particular, the objective elements of the offence include the act of commission, the place of commission, the subjective criminal intent of the perpetrator, and the final penalty.