An Empirical Research On Physical Evidence Collection In Drug Trafficking Cases

Having profound impact on society, drug trafficking cases has the highest incidence among drug crime. Evidence from investigation is a crucial link to crackdown drug crime, for the evidence is the precondition and fundament to make drug crime clear and to punish perpetrators.Substantial evidence, as significant component of evidence system,plays a critical role in fight against drug trafficking case.This thesis which is based on research data coming form public security agency, prosecutor, and court, make empirical analysis on collecting substantial evidence in a drug trafficking case. It is expected to provide some reference on the improvement of collecting substantial evidence in a drug trafficking case.From the entry point of drug trafficking cases, it investigates the current situation of substantial evidence in drug trafficking cases and analysis the problems that arise in the process of collecting substantial evidence from the perspective of empirical research. It further formulates suggestions on the improvement of collecting substantial evidence in a drug trafficking case.The thesis is amount to approximate 30000 words. Empirical study of collecting substantial evidence in a drug trafficking case is treated as its main line. Apart form the introduction and the epilogue, the main body of the thesis consists such three parts as the current situation of collecting substantial evidence in drug trafficking case, problems of collecting substantial evidence in drug trafficking cases, and suggestions on collecting substantial evidence in drug trafficking cases.The first part of the thesis is about the current situation of collecting substantial evidence in drug trafficking case. Based on research data of Yprocuratorate in C city, it gives an introduction on specific categories of substantial evidence collected in drug trafficking cases, and an analysis on characteristics of substantial evidence in drug trafficking cases.The second part is about problems arising in collecting substantial evidence in drug trafficking cases.Empirical data and cases are studied from the perspective of prosecution phase. It is found that there are such problems existing in the process of collecting substantial evidence as using unscientific means of collecting, improper preservation, incomprehensive evidence, illegal research and nonstandard records of detaining, weighing and extracting, as well as the disqualification of eyewitness.The third part is about the suggestions on the improvement of collecting substantial evidence in drug trafficking cases.It put forward suggestions on the improvement of collecting substantial evidence in drug trafficking cases on the basis of studying status quo, of founding problems, and of analyzing problems.First, collect substantial evidence comprehensively.In the process of collecting substantial evidence, Investigators are required to have the awareness of evidence, and collect substantial evidence comprehensively.Second, collect substantial evidence timely.In drug trafficking cases, investigators are supposed to pay special attention to collecting substantial evidence that has limited shelf life and collecting evidence timely that is easily modified and deleted.Third, collect substantial evidence scientifically.In the process of collecting substantial evidence, scientific means is demanded to use in case that evidence would be polluted, and suitable places where substantial evidence is checked, sealed, and detained are chosen.Fourth, be careful to collect evidence normatively.Investigators are required to have the awareness of procedures when collecting substantial evidence so as to keep evidence valid.Not only collecting and obtaining substantial evidence in public are required in conformity with law, but adopting technical investigation techniques in secret is required to obey law strictly.Fifth, fix and preserve substantial evidence properly.Sixth, standard the formation of record evidence.In drug trafficking cases, investigators are supposed to conduct a legal search and make standard records of detaining, weighing and extracting and to ensure eyewitness qualified.