Research On The Evidence Of Drunk Driving

Under the impetus of " Sun Weiming’s case",the penal law officially stipulated drunk driving as a crime in order to solve these drunk driving problem.But with the increase in the number of drunk driving cases,some evidence problems have gradually emerged,like in the obtaining evidence and in evidence finding.This article first introduces the procedures for investigation of drunk driving cases,and the legislative situation of evidence issues,and the actual handling of drunk driving cases.In the second part of this article,some problems existing in the investigation and evidence collection of these kind of cases in China are proposed: doubts about the effectiveness of auxiliary police enforcement and Problems in personnel organization with imperfect supervision and review procedures for case-handling personnel;problems with the legality of compulsory evidence collection,blood sample collection,document production,and irregular evidence collection procedures in the use of law enforcement recorders;inconsistent inspection and identification time limits and identification techniques Standards are applicable to the judicial identification of blood alcohol content,such as to be regulated;and the universal resistance to evidence collection for suspects to evade,refuse and hinder law enforcement.The third part of this article focuses on the identification of evidence in drunk driving cases,and proposes that the blood alcohol content measurement value is insufficient in the proof of the drunken state of the perpetrator and the validity of the breath alcohol content test result is doubtful.It is also important for vehicles,roads and witness testimony Discuss the problems existing in the identification of evidence.Finally,this article proposes corresponding solutions to the problems in the handling of the above cases,including granting auxiliary police relatively independent investigation and evidence collection authority,strengthening the construction of supervision and review procedures for case-handling personnel;regulating public security personnel’s evidence collection work and strengthening supervision of judicial expertise Process;from the legislative level,intensify the crackdown on obstructing law enforcement;and through the establishment of a diversified safety driving ability evaluation mechanism,a blood alcohol content retrospective calculation mechanism and other measures to improve the identification standards of drunk driving crimes,and ultimately achieve the improvement of legislation and standardization of justice to reduce The purpose of the number of drunk driving crimes.