On The Application Of The Principle Of Evidence Adjudication In The Fact-finding Of Drunken Dangerous Driving Cases

The principle of evidence adjudication refers to taking evidence as the premise of proving the facts of a case and applying law to solve disputes on this basis.The principle of evidence adjudication requires that no evidence or insufficient evidence should be provided to determine the facts of a case.As the basic principle of evidence law,the principle of evidence adjudication is macroscopical in its content,so that it needs to be applied with the help of other factors in the specific determination of the facts of a case.In the fact determination of drunk driving cases,the blood test result of the defendant,the key evidence,cannot be equal to the fact of drunk driving.There is a process of proof from evidence to fact,and in this process,the proof of evidence to fact needs to be proved in different ways according to the categories of objects.Blood alcohol concentration test report with drunk driving elements corresponding to the "drunk",in fact drunk facts belong to the objective constitutive requirements,belong to the substantive facts,so the test result is based on the evidence of drunk driving that need apply strict proof to prove,namely on drunken driving the fact that this level will give evidence to "the fact is clear,If the blood test results cannot be proved to be above the standard of proof,then it cannot be judged that the drunk driving fact is true.Then,in the subsequent conviction,when the four constitutive elements of the crime cannot be satisfied,an innocent verdict should be made according to the principle of evidence adjudication.In the application of the principle of evidence adjudication in the judicial practice of the fact determination of drunk driving,there is no standard of evidence qualification,and the three organs of public procuratorate law have conflicts in grasping the standard of substantive fact proof.The above problems are to some extent related to the different work contents and procedures of the three organs of public procuratorate law in different litigation stages.This paper focuses on how to grasp the application of proof standards in the process of evidence to fact proof,improve the accuracy of fact determination,and ensure the implementation and application of the principle of evidence adjudication,so as to provide reference for solving the fact determination of drunk driving cases in practice,so as to promote the cooperation between the three organs of public security law.The content of this article is arranged as follows;In the introduction part,the background,significance and status of the research are briefly introduced.At present,there are problems such as the non-standard evidential qualification in the fact determination of drunk driving,and the conflict between the three organs of public inspection law in the grasp of the standard of proof on the fact level of the objective constitutive element of drunk driving.And the content of the principle of the evidence just point out the fact that from the macroscopic level shall abide by the contents of,on the specific case fact that still should pay attention to the relationship between evidence and facts,to as to have the evidence to determine the case facts,the use of evidence to prove the fact proof that distinguish between different objects,According to different objects of proof,different standards of proof are applicable.Drunk driving fact determination is a substantive fact,and strict proof is required in the process of proof,that is,evidence should be proved to the extent of "clear facts,conclusive and sufficient evidence".The core content of the first part of the evidence to judge principles applicable to brief introduction,explains the principle of the evidence of the applicable requirements as the foundation to determine the case facts with the evidence,no evidence shall not be,to determine the case facts and evidence to the case facts that there is a process,in the process of the proof,the fact is the evidence to prove that the object,Different proof objects have different proof standards.Therefore,strict proof is needed in the identification of the actual fact of drunk driving,and the blood test results should be proved to the extent that "the facts are clear,the evidence is true and sufficient".The second part explains the main dispute points in the practice of drunk dangerous driving cases through the case,that is,the parties to the litigation on the qualification of evidence and the application of the standard of proof of the fact of drunk driving.And in the fact-finding level of drunk driving did not implement the principle of evidence adjudication,that is,in the investigation stage illegal collection of evidence,submitted to the prosecution and the prosecution did not reasonably fulfill the burden of proof.The third part explains the causes of the above-mentioned problems.Mainly include: first,by the "objective truth",and said,"the facts",the effects of drunk driving "drunk" factors in the fact that the cognizance of level,due to lack of supporting evidence or other key evidence in only under the condition of blood alcohol concentration test report,investigators is easy to think "evidence" that is true,the fact is that the established objective truth;Second,because of the lack of evidence rules,the direction of the investigation organ,prosecutors in forensics,cross-examination process do not take the alcohol concentration in blood test report evidence ability safeguard,leading to the trial stage due to do not have the key evidence exclusion,the drunk decided to the fact of the case is in a state of facts is not clear,the parties have any objection;Third,there are differences in judgment ideas among judges.Different judges and judges of different levels have great differences in finding facts for the same evidence.The fourth part puts forward suggestions for improving the application of the principle of evidence judgment in the fact determination of drunk dangerous driving cases.In view of the difficulty in grasping the application of the principle of evidence adjudication in the fact determination of drunk driving,this paper puts forward corresponding countermeasures: first,to guide and regulate the evidence collection in the investigation stage;Second,review and filter the evidence that enters the trial stage;Third,in the process of finding the fact of drunk driving,the judge should first examine the evidentiary ability of individual evidence,and then "integrate the evidence of the whole case to exclude reasonable doubt".