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Some Problems Of Drug Cases Heard

Posted on:2011-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y FanFull Text:PDF
GTID:2166360308969234Subject:Law
Abstract/Summary:PDF Full Text Request
Drugs have been abused worldwidely, drug-related crimes have became the serious global crimes. The drug-related crimes endanger the stability and the development of the society, therefore overwhelming majority countries fight against it strongly. From the practice of criminal trial in recent years, the drug-related cases emerge following characters:First, the increasing of major cases year after year, transnational and organized drug-related crimes rampant, the quantity of drugs more and more, all those do great harm to our society. Second, the criminals smuggle drugs by breaking up the whole into parts, it is difficult to obtain evidence. Third, new types of drugs increased, which brings the difficulties in applying of criminal laws. Forth, the methods of committing crimes are more secret, some criminals hide the drugs in their body to avoid examination, which attaches the difficulties on investigating the cases.Facing the grim situation of drug-related crime, and the emerging new conditions and characters, it is necessary to lay an emphasis on researching related problems in trying drug-related cases in order to combat it effectively. Especially the research on new types of drugs, evidence examination, measurement of penalty and application of laws. Facing a large quantity of new types drugs, how to define it conform to certain law or medical standards, distinguish Precursor Chemicals, regulated medicine with drugs so as to better determine the drugs'type, thus convict the accused on that basis. In practice, we can identify drugs evidence according to the features of material evidence, documentary evidence, testimony, appraisal conclusion and confession of the accused, examine all those evidence scrutiny and decide whether admit it. The judgment and examination of evidences will influence the investigation of the fact, thus, determine the drugs smugglers crime or non-crime, this crime or others,heavy offence or minor offence. The rules of evidence admission contain testimony, material evidence, appraisal conclusion and so on. The confirmation of quantity of drugs is the main distinction which drug-related case distinguished with others, the quantity usually links to the measurement of penalty. The application of laws and measurement of penalty in drug-related crime, especially the application of capital worth to discuss and research both in judicial theory and trial practice.
Keywords/Search Tags:new types of drug, rules of evidence, evidence examination, ingredient of drugs, measurement of penalty
PDF Full Text Request
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