Study On The Rules Of Proof Of The Crime Of Drunk Driving Of The Drunken Behavior

The crime of drunk driving type as the criminal law amendment (eight) added acrime, the legislative purpose is to prevent crime, maintain social public security. In thejudicial practice, it faces all kinds of disputes. This article, from the perspective of thebasic situation of the crime of drunk driving, first introduced the United States, Germanyand other countries and Taiwan area of legislation, and then study on rules of proof of thecrime of drunk driving of the drunken behavior, points out that the judicial practice of thiscrime in our country at present of the insufficiency of the admissibility of evidence, themethods of comparative analysis, empirical analysis discussion analysis, think that China’scurrent mode proved too simple, the judges only according to the results of blood tests tojudge crime or not, the practice is illegal the principle of"presuming until proved guilty",may lead to the abuse of penalty. Because of the blood test results with congenitaldeficiency, mainly is the imperfect procedural, when drunk-drinking alcohol is not equal to80mg/100ml, the standard is not completely accurate reflect the drunken state of actor.Finally this paper argues for a drunken driving drunk in the substantial judgment shall beconducted, the comprehensive evaluation of a drunken state and prove it. Through thecombination of subjective and objective judgment standard, respectively for drunkendriving suspect field of alcohol content in blood tests and test, the test is divided intoconscious state considerations, observe the judgment of the inspecting and operatingcontrol, as well as the standard set a range of alcohol content in blood, in the range, by thejudiciary discretion, allow judges make a comprehensive decision combined with thespecific details of a case, to avoid the penalty execution of differentiation, and trulyachieve justice.