醉驾犯罪调查取证相关问题研究

Study on Such a Problem as Drunken-Driving-Related Evidence Collection

醉驾入刑以来,我国醉酒驾驶机动车的危险驾驶行为明显地减少,极大地维护了社会公共安全秩序,保障了公民的生命财产安全。然而公安机关对醉驾的管理从行政处罚到刑事处罚似乎仍有所不适应,各种规定尚不健全,醉驾查处部门在对醉驾犯罪调查的过程中还存在一些问题。基于对醉驾犯罪调查取证的规范,解决醉驾犯罪调查取证中的相关问题,将会对醉驾犯罪调查取证相关制度的完善起到积极的作用。

Since drunken driving is listed as crime, the dangerous behaviors of drunken driving motor vehicles are decreasing in our country. As such, the public order has been maintained and citizens＇ lives and property have been protected. However, the public security organs do not seem adaptive to this switch from administrative punishment to the criminal punishment, say, various provisions are immature, drunken driving handling units have some problems in the process of the investigation. The standardization of drunken-driving-related evidence collection and solution of related problems will have an active effect on the perfection of the mechanism of such evidence collection.