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Research On The Sampling System Of Human Alcohol Content In The Investigation Of Drunk Driving Cases

Posted on:2021-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2416330629951002Subject:legal
Abstract/Summary:PDF Full Text Request
According to the provisions of the Criminal Procedure Law of the People's Republic of China,the body of the criminal suspect may be examined and his biological samples such as blood and urine may be taken in order to ascertain his physiological condition.In the investigation of DUI cases,sampling is the basis for the smooth conduct of investigation and prosecution activities,as the necessary collection of evidence to confirm the alcohol content of the body of the criminal suspect.Sampling of human alcohol content has its own characteristics compared to other evidence collecting practices.First of all,sampling is very demanded in terms of immediacy,which has a temporal urgency.Secondly,sampling is carried out before the criminal case was filed,i.e.it has a behavioral antecedent.Third,generally,sampling moves from an administrative law enforcement process to a criminal investigation process,so the sample evidence is administratively trans-formative.In China,it's only been nine years since the crime of DUI was written into the criminal law,so there are still gaps in legislation and judicial interpretation related to the investigation of DUI cases,and sampling procedure needs to be regulated and the system needs to be improved urgently.This thesis combines the author's empirical research in a province in northern China to analyze the current problems in the legislation and system of sampling of human alcohol content in China from the perspective of the qualification of the subject,the application of procedures,the protection of human rights,and the standard of instruments.At the end of the thesis,the author makes some suggestions for improving the sampling system.In the introductory part of this thesis,the author presents the background and current status of this research,and mainly in view of the new situation and new changes in the handling of DUI cases in China,the author also proposes that there is an urgent need to establish a sampling system for human alcohol content which can be adapted to the reality of the practice sector.Next,this thesis will illustrate the argument from the following four parts.Part I summarizes the specificity of sampling by dividing biological samples of human alcohol content into three types,which are blood samples,breath samples and saliva samples,and comparing the different abilities of different samples to reflect human alcohol content and their different legal status in the investigation of DUI cases.And presents the theoretical basis and starting point of the research.Firstly,from the point of view of punishing crimes,this research is conducive to the unification of the criteria for the identification of DUI and to the achievement of precision in combating crime;secondly,according to the theory of human rights protection,sampling should,as far as possible,avoid violating the body and personality of the suspect;thirdly,according to the theory of procedural justice,the qualification of the sampling subject should be made clearer and the sampling procedure more rigorous,so as to achieve the improvement of the reliability of the sample evidence.Part II is to point out the problems that exist in the current sampling system in terms of sampling subjects,procedures,objects,and instruments,through the empirical research approach,and to analyze the reasons for these problems,the differences in practice,and the expectations for problem solving.The third section,through a comparative approach,points out that the legal provisions,procedures and rules of proof are very systematic in some countries that experienced in the punishment of DUI,which are worthy of reference.In the last part,the author proposes to improve the sampling system on the basis of the above analysis and reference.Firstly,at the legislative level,the standard of sampling instruments should be unified and the legal status of breath samples and their test results should be clarified;secondly,at the micro-system level,some attempts should be made to establish the qualification system for sampling subjects,progressive breath alcohol testing system,impaired driving assessment system,blood alcohol content retrospective projection system and pre-sampling questioning system,while the existing witness system and sample registration system should also be regulated.
Keywords/Search Tags:Drunk Driving, Human Alcohol Content, Sampling
PDF Full Text Request
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