An Empirical Research On Applying Oral Evidence In Drug Cases

In the judicial practice, drug crimes oral evidence to ensure reasonable apply, drug case proceeding smoothly, guarantee the suspect or the defendant's legal rights, has the extremely vital significance. But based on drug crimes and the unique characteristics of oral evidence of oral evidence, investigators different understanding and so on many reasons, oral evidence in drug cases of the reasonable use exist great difficulty. In this paper, from the perspective of public sector in judicial practice needs and concerns of research existing evidence rules is proposed, based on the oral evidence in drug cases the perfection of use in conception.This paper is divided into four parts of the text, more than 20,000 words:The first part, why study oral evidence in the use of drug crimes, and how to study. Begin from theoretical background, medium-small theoretical analyses about drug cases of empirical studies using oral evidence is less, most of the research mainly concentrated in drug cases the characteristics of oral evidence on countermeasures and collect; Secondly, from practice background to see in drug cases get physical evidence ability limited reality and drug crimes cases "people and won the" dirty become more and more difficult to appear, strengthen oral evidence theory research is the objective demand response to judicial practice. Jurists generally think oral evidence including the defendant's statement, the victim's statement, a witness's testimony, and appraisal conclusion four kinds of evidence. But because the drug cases in usually no evidence the victim's statement, so this paper discusses only refers to the defendant of oral evidence statement, witnesses' testimony and appraisal conclusion. In the research method, the author by collecting drug crimes cases, questionnaire, individual interview, empirical research means such as drug crimes the use of oral evidence.The second part, discuss drug cases the characteristics of oral evidence. There are three characteristics in the drug cases of oral evidence. The first is the performance of the criminal suspect or defendant's testimony has the strong not stability; the second is the proof strength of witness testimony is weak; the last is the drug cases of normative requirement of appraisal conclusion than average criminal cases the normative appraisal conclusion the demand is higher.The third part, drug cases present situation of using oral evidence in examine sue. From the legislation, "criminal procedural law" and not for the use of oral evidence, formulate specific provisions. The minutes of The supreme people's court in the Dalian meeting for drugs,the money of drugs such as physical evidence not traced back in the use of oral evidence made relevant provision, but the provisions in the judicial practice it attracted many abuses. From the judicial status, oral evidence the application in drug cases still exist many insufficiencies and difficulties, and the specific performance of oral confession in: shortage of corresponding evidence rules by the confession, The examination way of appraisal conclusion trend to be formalized, the witness testimony lack prudent in the review.The fourth part, drug cases using oral evidence the perfect plan .The use of this section is on the first two parts of the foundation, proposed to drug cases using oral evidence some conceptions. The first point is to strengthen the evidence rules apply in drug cases the role of confession. Statements by double attributes and the legislative defect of confessions have led to strengthen evidence rules is the inevitable choice of perfect using oral confession. The second aspect is the requirement of equitable treatment of drug cases appraisal conclusion. Based on the practice of appraisal conclusion exist in the role, proof force in the reading comprehension, exaggerate the correct understanding of the role, appraisal conclusion, and puts forward the proof strength while in drug cases are in substantial examination of appraisal conclusion. The third is proposed for the drug cases witness's testimony, the author highlighted on prudent use the authenticity of the witness's testimony is used at the same time, puts forward the problems of the witness's testimony prudent use specific ways. And in the light of practice "case appears when witnesses' testimony use case, detail the" statement of evidence for its proof content attribute should be, and the role and practice what "case" belongs to the testimony of witnesses.