Evidence Analysis Of Temptation Investigation In Drug Crimes Of China

Temptation investigation,as a kind of active investigation has a incomparable advantages over response investigation in hidden crime. Because of its low cost, short time consuming,and catching enemies on the spot,it is favored by investigation organ in the field of drug crimes. According to the person in advance whether have mens rea,the theoretical circle divide temptation investigation into "mens rea induced" and "the opportunity to provide". Given its characteristics of induced and fraud, theorists’ attitude about the temptation investigation has been unable to reach an agreement. Until the 2012 criminal procedure law increased the section "technical investigation",academic circles began to accept the legitimacy of the latter. At the same time,the provisions of article 152 th,technical investigation of the materials can be used as evidence in criminal proceedings,which makes the original investigation clues have the qualification of evidence.With the rampant of drug crime,allowing the obtained evidence directly applied to the judicial practice,it is a great progress of criminal legislation in China,not only has the good social effect in the fight against drug crime,maintaining social order,but also conform to the trend of the anti-drug and corruption in the international arena. It is also the main basis of the paper to propose the division standards and analyze the evidence problems.However,I think the new criminal procedure law has not fundamentally solve the issue of temptation investigation. Because the criminal intent induced and opportunity does not always be quite distinct from each other,and criminal intent as a potential tendency and consciousness not only differ from man to man,but also difficult to prove. In practice,the legitimacy of the criminal investigation is the premise of evidence application.If use mens rea as the standard to distinct the types of the temptation investigation and further to determine the legitimacy of related evidences,when facing complicated cases,not only it lacks of practical application,leaves too much discretion to the judge,but also leads to some problems of the use of related evidence.Besides,in the process of temptation investigation measures,investigators contact with the criminal suspect by themselves or through the secret,operation process is relatively closed, not only there are large amounts of "one to one" segments,but also time and place often changes frequently,so it is difficult to carry on effective supervision. In addition,the law of temptation investigation is too vague, there is no clear rule to temptation investigation,such as the implementation body,implement conditions and approval procedures,standard of legitimacy and application of the obtained evidence,and how to exclude illegal evidence are not stipulated.So there are some controversy of the legitimacy of the procedures of temptation investigation,and the probative force of the relevant evidence.Because of the controversy,temptation investigation evidence often cannot be effectively applied when prosecute criminals,and the investigation organ have to bear the adverse consequences.In a certain sense,the process of investigation is also a process to discover and collect relevant evidences. In practice,investigators are subject to the detective investigation level and because of their investigation consciousness,generally tend to collect oral evidence,and because they are relatively familiar with the cause of the case, most of them holding the concept of presumption of guilt,so they tend to use violence and torture to obtain evidence.In view of the characteristics of the drug crime evidences, in the collection process,investigators are more inclined to listen, listening,recording,video forensics mode. Thus oral evidence of instability and the difficulty of the transformation of audio-visual material identification also indirectly restricts the effective application of evidence obtained. In addition,the lack of legal consciousness often make investigators concentrate efforts on the detection of cases,so as to ignore the the collection of relevant evidence, to some extent,also restrict the effective application of the evidence. Once the direct evidence of drug loss,the investigation organ have to bear the adverse consequences,cannot effectively prosecute the criminal and have him punished.Aiming at these problems,I think, it is necessary to make unambiguous regulations to clear the distinguish standard of temptation investigation,strengthen the supervision of temptation investigation, formulate specific evidence application standards,and improve the level of detection.In practice,it is also urgent to transform the mode of forensics consciousness,expand the forensics and the idea of investigation.If so,not only useful to the application of the relevant evidence in the drug-related crimes,but also has the important significance to the study and the development of the temptation investigation.