On The Evidence Of The Danger Of Drunken Dangerous Driving

Since pushing the drunk driving behavior into criminal punishment all around vigorously,the punishments for drunken drivers by the administrative class to a criminal class.The criminal punishments has played an alert effect.The number of heavy casualties accidents involving alcohol fell,and the purpose of the legislation has been really achieved.The effort is significant.In the past five years,the current judicial interpretation of the crime of dangerous driving is still only "Opinions on some issues of applicable law on criminal cases of drunk driving motor vehicle",which was jointly released by the Supreme People's Court,the Supreme People's Procuratorate,Ministry of Public Security in 2013.Various provinces and cities have issued some regulations to regulate the legal enforcement and the cases handling process of the police,evidence collection process and to improve the conviction and sentencing standards,etc.However different regulations of whether the public residential parking lot is road,drunken driving by excessive motor bicycle shall be convicted of,and whether the content of alcohol in blood is the sole criterion for drunk driving,etc still exist a lot of controversy in the judicial practice.The controversy has brought certain problems for the police to collect evidence,investigating and solving crimes,and has brought the society to think the fairness of the law.In this paper,starting from the related basic principles of evidence theory,on the review of the concept,standards,principles of investigating and affirming the evidence,and the exposition of the method of affirming the evidence and estimating the value of the evidence.Type and induces the main evidence of investigating dangerous drunken driving cases is to collect whether the man is drunk or not,the level of drinking,driving motor vehicles or not,and driving on the road or not,etc.In the second chapter,basically solve the problem of drunken standards,to resent my own views of current doubts.The first is whether taking the standard of 80mg/100ml as the boundary of drinking and drunkenness is scientific.This standard has been used for many years,and is appropriate to use sequentially because of the good acceptance to the publicity,and the promotional effect,etc.The second is the accuracy of the method to test the alcohol content in the blood.In spite of race,gender,age,diet,drinking usually or not,blooding time and many other factors will affect the accuracy of the blood test result,extracting and saving a blood sample by improper operations will also affect the result of the test,so far from the central to the place has issued a lot of rules to standard operation procedures of blood test as much as possible and to reduce the influence on the result.The largest factor influences the result of the test so far is the blooding time,especially in the case of escape is likely to draw blood for the suspect in the next day,in this time the alcohol content has been greatly reduced.Therefore,it is necessary to draw lessons from foreign advanced experience and the existing standards to establish and popularize the system of calculating back the blood alcohol content by the blood clearance as soon as possible.The third is whether the blood alcohol content test result can be as the sole criterion for drunk driving.Blood samples for inspection alcohol content cannot be one hundred percent accurate,but the error of the inspection institution and inspection method is controlled in a reasonable range.In the currently existing four inspection methods of alcohol content about breath alcohol content test,blood alcohol content test,saliva alcohol qualitative detection,testing driving ability by evaluation of human body balance,blood alcohol content test is more scientific with high recognition,also has the strongest proof.Breath alcohol test result can be directly used as the basis for confirming drunk only under special circumstances,and saliva alcohol qualitative detection,the body balance test can only as a supplementary means.Upon confirmation of the accuracy and effectiveness of existing alcohol detection method,through the list of some typical cases to analyze several problems in deal with the crimes of dangerous driving,including overnight drunk cognizance,displacement case management,moved the car in the parking set after drunk,no other evidence except the suspect's statement,the suspect refuse to admit drunk driving while be seized.Hoping to provide some ideas and inspirations for the public security organs to investigate cases,and to bring some help.The third chapter mainly discusses basic evidence types of the drunken dangerous driving crime,such as factors of the cars,roads,people,etc.In the identification of vehicles,excessive electric bicycles have their particularity.While in the area of vehicle quality,speed,appearance size,the excessive electric bicycles are all beyond the standard of non-motor vehicles,but due to the lack of laws and regulations for its clear stipulation,they can't be identified as motor vehicles.The illegal behavior of drivers who drive excessive electric bicycles should be mainly on administrative penalty.Starting from the principle of maintaining road traffic order,and considering the degree of the social harmfulness,the drunken driver by driving an excessive electric bicycle who takes a traffic accident with the damage of other people and cars or has a high alcohol content in blood should be published as the crime of dangerous driving.In the cognizance of roads,determining whether it is a road,there are two main standards:one is publicity,the other is harmfulness.Publicity is not a particular majority,as long as allows non-particular social vehicles to pass freely is a road.Harmfulness is that drive on the road will cause abstract danger to public safety.So the range of road in the crime of dangerous driving applicable to the case of the traffic safety law of the PRC,including the pavement plate for the social vehicles and the country roads which is beyond the scope of urban roads and highways.In the analysis of people,take examples to mainly account for four situations with particular circumstances of juveniles who commit dangerous driving crime,to help others while driving drunk,the drunk driving driver causes self-harm only,the crime subject with dangerous driving behavior at the same time also has other illegal acts which should be subject to administrative punishment.Show my own views of how to collect evidence and make the conviction and punishment.After emphatically analysis of the plot of the initiative,voluntary,and truthfully confesses of surrender,listed two typical cases of surrender,and give views of whether the situations happened usually can be confirmed as surrender in practice.