An Empirical Study On The Problem Of Drunk Driving Crime Evidence Collection Procedure

Under the background of risk society,drunk driving of motor vehicles will bring great danger to public transportation safety and the safety of citizens' lives and property.For the purpose of protecting public safety order and protecting the legal interests of citizens' life and property,the Criminal Law Amendment(8)will be drunk.Driving motor vehicles into their regulatory scope responds to the general concerns of public opinion and is one of the most striking highlights of criminal law amendments.The drunk driving type of dangerous driving has indeed achieved remarkable results in judicial practice,but at the same time,it has exposed many problems in the process of application.The law enforcement and evidence collection procedures on how to further regulate drunk driving crimes have become a hot topic in the academic and practical circles.This article takes the drunk driving crime forensics procedure as the research object,takes the driver's driving ability as the entry point,and discusses the proof standards and test methods related to driving ability.Based on the concept of criminal integration,he hopes to establish a strict and standardized investigation and evidence collection procedure,clear and reasonable certification standards,and rigorous and scientific testing methods to ensure the correct application of the drunken dangerous driving offence and the legitimate rights of criminal suspects,and then in substantive law and In the procedural law,a set of legal norms system that links and cooperates and strictly criminalizes is formed.In addition to the introduction and conclusion,this article is divided into three parts:The first part mainly introduces and analyzes the general situation and main problems of the drunk driving crime collection procedure in China,including the actual danger of drunk driving motor vehicles,the quantitative standard of alcohol content threshold value as single evidence,and the human rights protection of intrusive mandatory personal identification measures and other content;The second part mainly summarizes the useful experience of the crime-taking procedure for drunk driving in the field,such as the strict observance of the principle of law enforcement and evidence-taking procedures in the United States,the legislative distinction of “unsafe driving” in Germany,and the non-unique measurement of alcohol concentration test results in Taiwan.Such successful practices are worth learning and absorption in China;The third part mainly expounds the idea of perfecting the procedure of forensic evidence of drunk driving crime based on the double-layer evidence standard system,covering the establishment of the “absolute/relatively safe driving” differential proof standard system,ensuring the accuracy of blood alcohol content test results,and introducing Physiological science tests assist in the detection of driving ability and other countermeasures.