自去年年底以来,全国各地相继发生了一系列因醉酒驾车而酿成恶性交通事故的案件。国内诸媒体强烈呼吁政府加强对酒后驾车的监管,严惩肇事者。与此同时,网民、司法工作者、学者就醉酒交通肇事的性质进行了热烈讨论,部分主张应当以“以危险方法危害公共安全罪”追究肇事者的刑事责任,对肇事者处以重刑。其理由是:行为人明知自己醉酒驾车会发生交通事故,而仍然执意为之,其主观上对结果的发生所持的是放任态度,因此,是以间接故意构成的以危险方 Since the end of last year, a series of cases of vicious traffic accidents resulting from drunken driving have taken place across the country. All domestic media strongly urged the government to step up supervision over drunk driving and severely punish the perpetrators. At the same time, netizens, judicial workers and academics have heatedly discussed the nature of drunken traffic accidents. Some of them advocated that the criminal responsibility of the perpetrators should be pursued in the light of the principle of “endangering public safety crimes by dangerous methods.” . The reason is that the perpetrator is aware of his accidental traffic accident while drunk driving, and still insists on it. His subjective attitude toward the result is a laissez-faire attitude. Therefore, the perpetrator,