Research On Evidence Of Drug Crime Investigation

The wide spread of drugs has become a serious problem for many countries, and our county has also suffered a lot from it. Therefore, it is already a major task of the police force to fight against drug crimes. In this situation, the evidence of drug crimes has become more and more important. Proofs are not only the foundation of a legal case against drug crimes but also the key point to fight against drug crimes and punish drug criminals. After the enforcement of new criminal procedural law, two main problems have emerged, which are how to regulate the crime detection by evidence rule and how to get, fix and use these evidences comprehensively and objectively. This essay will discuss these two problems respectively.This essay is divided into five chapters.The first chapter states those serious damages caused by drug crimes and main characteristics of drug crimes of China. Based on those characteristics of the drug crimes, three characteristics of the proofs of drug crimes, namely the few types of evidences, the difficult to acquire and fixation, the special methods to acquire,are analyzed.The second chapter states,from a practical view, several problems of proofs in drug crime detection. These problems are as follows:the difficulty in getting a physical evidence and testimony, the incorrect use of special detection method, the difficulty in deciding the "subjective knowing", "drug money" and the difference between "possession" and "smuggling".The third chapter is the main chapter of this essay, which illustrate how to use the rule of evidences to regulate the obtaining of evidences in drug crime detection. By analyzing the development of rule of evidence of two legal systems and our state, those merits which could be used to perfect our relevant laws can be get. The discussed rules are as follows, The rule of relevant evidence, the rule of exclusion of the illegally obtained evidence, and the rule of corroboration. These three rules can regulate and direct the drug crime detection, make the obtain of the evidences correctly and legally, and also prevent extorting confession by torture.As unified standard of proof is not suitable for a practical drug crime detection, the fourth states a way to establish a standard of proof about drug crime to regulate the obtaining of evidence. This chapter also suggests that definition of beyond reasonable doubts and other merits of standard of evidence from common law system should be introduced into our legal system, and the stand of proof should be low down either.The chapter fifth returns to the final object of fighting against drug crimes. To fight against drug crimes and punish drug criminals, police force should follow the direction of the established regulations to conduct drug detection by using the methods of public investigation, controlled delivery and entrapment detection.