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Temptation To Investigate On Research In Drug Cases

Posted on:2013-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:P J ZhangFull Text:PDF
GTID:2246330395488540Subject:Law
Abstract/Summary:PDF Full Text Request
As we all know, the history of opium in China to bring our country a grave nationalcrisis, a century after the Opium War the Chinese nation suffered disgrace, a broken, loss oflife. The pain of the people by opium, anti-smoking campaign has come and go, the Chinesepeople hate the drug can be described as drug not only harmed the health of the body, but alsothe incentive for other crimes, seriously disrupting social order, corrupt social values, with thecountry and society to a series of problems,so punish drug-related crime is imperative!As is typical of drug-related crimes “without victims” cases, the instruments of crimethan other crimes have more concealed secretive, so whether it is crime or crimes that areextremely difficult to collect evidence. In order to effectively fight for drug crime, theinvestigating authorities in recent years, China began the investigation in such cases is widelyused in drug investigations abroad, and other "victimless" cases commonly used specialmeans-Encouragement. In theoretical circles, Encouragement, there are two categories,namely the opportunity to provide type temptation; one mens rea inducible entrapment. Mensreal inducible entrapment is designed for people without criminal intent crime trap, lure theperpetrator have criminal intent, the temptation to break the bottom line of the fight againstcrime, the meaning of self-determination could affect the freedom of citizens, constitute a"spiritual force" serious violation of citizens’ legitimate rights, in judicial practice is generallyconsidered illegal, should be excluded. The opportunity to provide just the type of temptationhas had the criminal intent of the perpetrator of the criminal intent to provide a reality of theopportunity to express the meaning of crime to be complete. But the temptation is thetemptation by the investigating authorities to implement a means to promote theimplementation of criminal investigation and arrested the object of special measures, China’scurrent legislation does not specify this, so in litigation activities produced a range of issues,such as: investigating authorities public power in the investigation of drug-based crime toinduce another person to commit the crime, having to lure crime? Whether it is illegalinvestigation? Entrapment identified legal standards? Depth study of these issues hasimportant practical significance. Therefore, through the practice of drawing on the maturity ofthe Anglo-American countries, and the characteristics of drug-related crimes in our countryand the situation is increasingly serious drug-related crimes, drug crimes in our country thetemptation to use investigative techniques becomes imperative. Text is divided into four parts; the first is to introduce the basic problem of drug crimes,namely, a brief definition of the concept and characteristics of drug-related crimes, drugcrimes and the main social harm.The second part focuses on the investigation of drug crime in the value of the temptation,that the temptation to analyze the necessity and legitimacy of the investigation,that in judicialpractice, the temptation to use limited means of investigation, making it a crime to provide thenecessary legal basis.The third part focuses on domestic and international drug crime in the temptation to usethe basic status of the investigation, and a brief analysis of the encouragement behaviorproblems.The fourth component is the temptation for the investigation of China’s drug-relatedcrimes in the problems and put forward some reasonable proposals, that in judicial practiceshould limit the conditions to implement the temptation to crime, investigators involved inmake-up investigation, should be how to determine its identity, the temptation to investigatethe range, the temptation to investigate the subject, investigators and special conditions of theselected object the establishment and selection, and the temptation to conduct strength andseveral other aspects of legal regulation.
Keywords/Search Tags:Drug crimal, the temptation of investigate, Legal regulation, Legality
PDF Full Text Request
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