Research On The Judicial Discretion Of Drug Cases With Special Involvement

Using the method of empirical research,this article analyzes 108 judicial instruments of drug cases with special involvement as the starting point,finds and summarizes the problems in the judicial discretion of such cases.This article mainly studies the legality standard and procedural law effect in the judicial discretion of drug cases with special intervention,in the hope of being helpful to the handling of such issues in the judicial practice of our country.In addition to the introduction and conclusion of the article,there are four chapters:The first chapter mainly discusses the existing provisions of the legal documents of the drug cases involved in the special conditions in our country,and analyzes the status of the judicial discretion from the analysis of such instruments.The second chapter mainly discusses the existence of judicial judgments on whether the temptation to seduce acts in such cases is not valid,the consideration of different factors,or even to avoid talking about and so on;in legal level,the new Criminal Procedure Law Article 151,paragraph 1,on the temptation to detect acts of the provisions is not clear,and other relevant normative documents make this provision even more vague;in the theoretical circles on the temptation to investigate the validity of standards and procedural law effects of the deposit Controversial.The third chapter examines the legitimacy of extraterritorial temptations in the investigation of the lawfulness of the standard,including subjective standards,objective criteria and mixed standards,and the temptation to illegally lawsuit investigation of procedural law effects,such as due process defense,illegal evidence exclusion,and termination of litigation.In the fourth chapter,I put forward suggestions on how to perfect our country's regulation of the judicial discretion of drug cases involved in the special conditions combined with the actual situation in our country.The author believes that we can make use of the two-way four-dimensional quadrant judgment method in mathematics as a hybrid standard for the determination of the legitimacy of temptation investigation.We should lay emphasis on this standard and break the traditional division that focuses on subjective standards or emphasis on objective standards,the main consideration of investigators,the defendant's consideration,supplemented by a new standard.In terms of the procedural effects of the law of temptation to detect illegal acts,different legal consequences should be applied to the different outcomes identified by the mixed standard.