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Analysis In Terms Of Law On The Case Of JingAiguo Transport Drugs Acquittal

Posted on:2011-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:H W JiangFull Text:PDF
GTID:2166360305965900Subject:Law
Abstract/Summary:PDF Full Text Request
As a special investigative techniques, the encouragement investigation adapted to the needs of the specificity of drug crimes cases, and drug crimes investigation and evidence collection demand of the entrapment investigation.The entrapment investigation practice has proved really effective means of investigation. It has been widely used in foreign countries, provided that legislation to regulate and restrict. It is all said that can be divided into the encouragement temptation for providing opportunities and the encouragement temptation for inducible criminal intent. With the legal regulation of the encouragement temptation for providing opportunities in abroad.But as another type of mens, the encouragement temptation for inducible criminal intent broke the the bottom line of crime and violate the fundamental rights of citizens in judicial practice seriously, which are categorically excluded.This paper selects the representative case of Jing Aiguo transport drugs acquitted, the analysis which reflects the legal issues:the collection of evidence of drug crime in the definition of legality, the court of second instance judgments reason, Zhang Wenzhuo and other investigators conduct investigations qualitative, in accordance with the provisions of criminal law combined with the concept of criminal law general criminal behavior to analyze whether the defendant Jing Aiguo constitutes crime and so as to other issues, and it is the the encouragement temptation for inducible criminal intent, Zhang Wenzhuo, and other investigative are deliberately creating the case officer, the decision for the defendant Jing Aiguo was acquitted is correct.Based on the analysis of the typical case of declaration of Jing Aiguo transport drugs acquitted, and further clarified the detection of abuse investigators will investigate violations of the right of citizens and the serious consequences of human rights, while the temptation to investigate whether the drug-related criminal cases with the need to were thinking, and that must improve our laws to regulate encouragement, achieving the ultimate goal for fighting crime and protecting human rights.
Keywords/Search Tags:Drug Crimes, Illegal Evidence, Encouragement Investigation, Legal Regulation
PDF Full Text Request
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