摘要
本文通过分析贵阳市近年来出现法律争议的8例酒后驾车诉讼案例,对案件办理各个环节出现的执法风险进行探讨。梳理案例资料后发现,执法风险点主要集中在案发现场取证、提取血样检材、血液酒精浓度检验三个环节。针对上述风险点,从加强案发现场证据收集、严格执行办案程序、规范司法检验过程、提高法律文书制作水平的角度,提出注意事项和改进措施,为规范酒后驾车案件办理、规避执法风险提供参考。
Drunk driving offends against China’s criminal law which has been updated of its version since 2011,often bringing the offender into infliction of certain punishment and worries.With intent to avoid legal punishment,some suspects of such crime will ask or even force the police to abate/annul their criminal records and the relevant cases.Here,an analysis was put into eight typical litigation cases that involved with judicial controversy about drunk driving in Guiyang city in recent years,thereby having outlined the risks against law enforcement.Three junctures would likely arouse the law-enforcing risks:the investigation and extracting evidence on the scene of drunk driving traffic accident,the blood sampling,and the detection of blood alcohol concentration.For both implementing the law and reducing risks,four principal points were thus propounded:scrutinizing into the scene of traffic accident and thoroughly collecting evidence,strictly complying with the procedure of handling case,standardizing the process of judicial inspection/examination,improving the competence of making legal documents.Meanwhile,suggestions were made about the attentions to be paid and measurements necessary to amend.Therefore,references would be accordingly provided for standardizing into handling drunk driving cases and getting rid of law-enforcing risks.
作者
王延
吕俊
徐俊
程昱
WANG Yan;LÜJun;XU Jun;CHENG Yu(Guiyang Public Security Traffic Management Bureau,Guiyang 550081,China)
出处
《刑事技术》
2021年第3期305-309,共5页
Forensic Science and Technology
关键词
酒后驾驶
执法风险
交通管理
血液酒精浓度
drunk driving
law-enforcing risk
traffic management
blood alcohol concentration
