Perfection Of "Drunk Driving" Cases Of Criminal Evidence System In China

The Criminal Law Amendment(8)defines the act of drunk driving in the way as crime. The first person since the entry into force of the amendment has been found around the "drunk driving" case.The various problems faced by crime in practice has gradually emerged. The first part of the article related to drunken driving behavior identified, and carried out a detailed analysis on how to define the "road", "motor vehicle" and "drunk", and briefly introduced four kinds of judgment methods in China of "drunk". The second part of the article focused on the analysis of the "drunk driving" cases related to the basic rights and the protection of their rights.First of all, in the "drunken driving" cases investigation,the first step is to intercept the suspect vehicle.Whether the police have the right to intercept arbitrarily,and whether this right conflicts with civil rights of freedom?Secondly, irregularities exit in the process of obtaining evidence for alcohol, When the alcohol content in the suspect's blood can not be obtained with breath alcohol test results as a criminal record standard may lead to the suspect was wrongly trial.Finally, it is the right of the parties involved in each case to get the help of the lawyer and the right to receive legal aid.The reason to mention this in the article is,in a drunken driving case the parties rarely entrust defenders, the author conducted a study on its causes. The third part of this paper, the problem of "drunk driving" in the practice of our country is analyzedSpecific including:the main body of investigation in drunken driving cases is not qualified,the evidence procedure is not standardized,not effective regulation to prevent acts of three aspects of the content.The article from the pros and cons of the two aspects of the traffic police to prove whether the subject qualification.Through the actual investigation, the author finds that the actual practice of traffic police to investigate drunk driving,It also analyzes the drawbacks of the existing legislation on the regulation of alcohol abuse.The last part of the article is to improve and solve the problems in the process of evidence collection in our country, the specific reference to the United States to investigate and deal with drunk driving approach, the standard of Chinese police to intercept vehicles to be made clear.The specific requirements of the convergence of administrative law enforcement and criminal justice are put forward.This article tried to standardize and refine the alcohol testing procedures and put forward the establishment of the county blood test and identification institutions.Finally through the legislative comparison, we find a suitable model for our country to prove the crime of obstruction, in order to improve the relevant legislation of our country to help.