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Research On The Evidence Determination Of Drunk Driving Crime

Posted on:2021-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:P P HongFull Text:PDF
GTID:2416330623969912Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Along with the development of social economy,the continuous improvement of people's living standard,increasingly become people's transport vehicle,and the growing traffic accidents,to people's production and life brought great loss,among which,"drunk" type of dangerous driving offence,why,this is the first time "criminal law amendment(eight)" will be one of the main reasons for drunk driving into the punishment.In judicial practice,different forms of drunken driving cases,the investigation organ in handling relevant cases and no relatively detailed procedural rules,therefore,clear rules of drunken driving cases prove that,is not only beneficial to improve the working efficiency of drunken driving cases,perfect rules of drunken driving cases prove that system,to safeguard judicial justice,safeguard human rights is of great significance.However,since our country "criminal law amendment(eight)" for the first time since the establishment of dangerous driving sin,for "drunk" dangerous driving sin law mainly include in 2013 the Supreme People's Court,the Supreme People's Procuratorate and the Ministry of Public Security jointly issued "about to handle criminal cases of drunk driving motor vehicle opinions on some issues of applicable law","law of road traffic safety" as well as by the general administration of quality supervision,inspection and issued by the national standardization committee-nanyang 2011 normative reference files of the vehicle driving personnel blood,breath alcohol threshold,and inspection(GB19522-2010),Although it has made some provisions on the evidence determination of the crime of "drunk driving",it has not formed specific rules on the proof of drunk driving.From the perspective of judicial practice,there are the following outstanding proving difficulties: if the breathalyzer test results and blood alcohol test results are inconsistent,how to identify the crime of drunk driving;Many drunk driving cases only have blood alcohol test results,so whether the crime of drunk driving can be directly determined is not clearly stipulated in the current legal norms of our country.In addition,in the absence of breath alcohol test results,there is no blood alcohol test results,can only on other circumstantial evidence to determine the conviction of drunk driving crime must be considered.Based on this,it is necessary to study how to apply the evidence law principle to solve the various proving problems of drunk driving cases in practical judicial practice.First of all,through to the domestic and foreign study found that the relevant provisions of the identification evidence finalized as dependent on alcohol content "drunk" dangerous driving sin,because in the judicial practice,blood alcohol test results,the accuracy of test results is higher than exhale alcohol breath alcohol testing results should be as according to initiate an investigation,the criminal facts established it shall specify the key position of the blood alcohol test results;Secondly,the crime cannot be established when only the breathalyzer test results are available.The breathalyzer test results can only be used as the basis for case investigation.When the breathalyzer test results are inconsistent with the blood alcohol test results,the blood alcohol test results shall prevail as the basis for the final case.Finally,as the most important evidence for conviction of drunk driving cases,the blood alcohol content identification opinion is the most important evidence.In the absence of such evidence,in order to realize the guarantee function of the principle of legality and the requirement of protecting human rights in the criminal procedure law,even if there is other indirect evidence,the crime cannot be determined to be established.
Keywords/Search Tags:Drunk Driving, Rules of Evidence, Blood Alcohol Level, Fact Presumption
PDF Full Text Request
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