证据法基本原理和规则在醉驾型危险驾驶罪中的适用——兼与刘艳红教授商榷

Application of principles and rules of evidence law in cases of driving under the inf luence of alcohol——While Comment on Professor Liu Yanhong's Opinion

《刑法》规定的醉酒型危险驾驶罪具有自身的特点,尤其是其中酒精含量检测结果这一证据有重要意义。但是该罪的特殊性不足以使其在孤证不定罪和运用"旁证"定罪的问题上有区别于其他案件的规则,更不足以针对其设置专门的证据规则。其证据适用问题完全可以按照现有的证据法基本原理和规则加以解决。倘若针对此类案件预先设定各类证据的证明力和必需的证据类型,则有向"新法定证据主义"迈进之风险,必须审慎行事。

Driving under the infl uence of alcohol（＂DUI＂） has been designated as a crime in the PRC Criminal Law. This type of crime has its own features. Particularly, the test result of blood alcohol content as evidence is of great importance. However, such crime is not distinctive enough to have its own evidence rules on issues of ＂solo-evidence for no conviction＂ and ＂conviction by secondary evidence＂, not to mention to design a set of specialized evidence rules addressing such crime. Problems concerning use of evidence in such crime can be solved by applying the current-existing principles and rules of evidence law. We have to be very cautious because we will face the risks of moving towards a new ＂system of Regulated Proof＂ if we set in advance the weight and required types of evidence in cases of DUI.