酒駕治理困境的成因檢視及路徑糾偏——以法律與社會的關係為視角

Analysis of the Causes and Corrective Measures of Drunk Driving Dovernance Dilemma ——Based on the Perspective of the Relationship between Law and Society

作為社會治理工具的酒駕法律，有效的規制了酒後駕駛的行為。但是，酒駕治理在實踐中也引發了諸多社會問題，主要表現為三點：一是醉駕案件數量持續保持高位，犯罪人數急劇攀升，加劇社會治理風險；二是酒駕治理更可能“錨定窮人”，相較於富人階層，社會底層群體更容易落入醉駕的法網中；三是酒駕犯罪的標籤效應給當事人及其家屬帶來嚴重的負面影響。要深刻理解這些問題產生的原因，不僅要從法律工具主義的視域，觀察酒駕治理在實踐中的具體形態，分析行政部門的執法策略和動力，探索犯罪記錄封存制度設計；也要看到作為社會鏡像的酒駕法律，在農村社會與風俗習慣的緊張關係，並採用“定制法”的方式彌合社會關係的空間差異。

Since drunk driving was criminalized by legislation, it has played an important role inregulating the behavior of drunk driving. However, drunk driving governance has result in many social problems in practice, which are mainly manifested in three aspects: first, the number of drunk driving cases continues to remain high, and the number of criminals rises sharply, aggravating the risk of social governance; Second, drunk driving governance is more likely to‘anchor the poor’, compared with the rich class, the bottom of society is more likely to fall into the legal net ; Third, the record of drunk driving crime brings serious negative effects to the parties and their families. In order to deeply understand the causes of these problems, we ought not only observe the specific form of drunk driving governance in practice from the perspective of legal instrumentalism, analyze the law enforcement strategy and motivation of administrative departments, and explore the design of criminal record sealing system. It is also necessary to see the drink driving law as a social mirror, the tense relationship between rural society and customs, and the use of‘Personalized law’ to bridge the spatial differences in social relations.