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Empirical Study On Investigation Of Evidence Of Drug Crime

Posted on:2020-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y C LiuFull Text:PDF
GTID:2416330572994205Subject:Criminal law practice
Abstract/Summary:PDF Full Text Request
Under the background of the rapid development of social economy,the drug problem has become a criminal problem that has long been widespread in our society and is difficult to eradicate in a short period of time.The bad influence of drug crime has made it a top public hazard in social governance.China has always maintained a high-pressure and severe-stricken situation against drug crimes.Public security organs and procuratorial organs,as front-line forces of anti-drugs,bear the important responsibility of cracking down on drug-related crimes,and at the same time bear the leading task of collecting and examining evidence on drug-related crimes.Evidence refers to materials that can prove the facts of a case.It is a powerful weapon for exposing and verifying crimes in handling drug crime cases.It is also the basis for public security and procuratorial organs to file,investigate,arrest and prosecute.Therefore,it is an important content and key link in the handling of drug crime cases for the proper collection of evidence,the timely and accurate fixation of evidence,and the application of the evidence to case detection and case trial.However,in the judicial practice,due to the lack of legislation,the lack of evidence awareness and the characteristics of drug crimes,there are still many problems in the evidence collection process in the investigation of drug crime cases,such as the seizure of physical evidence of drugs itself,the problem of weighing irregularities.The problem of inadvertent negligence of on-site inspection and inspection,the issue of non-standardization of appraisal opinions,and the lack of investigation and application of suspected population supply.These problems are a difficult problem to be solved in the evidence collection process itself,and the problems in the collection of such evidence will affect the next step of prosecution and trial,and the facts of the drug-related crimes cannot be confirmed because of the ability of evidence or proof.Drug criminal suspects cannot be properly pursued and tried because of insufficient evidence,which greatly affected the crackdown on drug crimes.Therefore,the study of the evidence collection procedure in judicial practice from the perspective of empirical research has great practical significance for the handling of drug crime cases.The full text has three parts,each part of which is as follows:The first part is the type of evidence and the characteristics of evidence collection for drug crimes.First,the types of evidence in drug-related crime cases are introduced,and the specific types of evidence in drug-related crime cases are illustrated by examples.Secondly,it introduces the characteristics of forensic evidence in drug crimes.The evidence collection has the characteristics of many special reports and clues,difficulty in obtaining evidence,and timely collection of evidence.The second part is the summary of the problems in the collection of evidence in drug crime cases,including: drug seizure,seizure procedures are not comprehensive,the collection of seizure records is not standardized,witnesses use the existence of defects;drug weighing methods are wrong,drug weighing tools' blemish,drug weighing transcripts are not standardized;on-site inspections,inspections are inadequate,not detailed,neglecting on-site visits;identification opinions are not standardized,whether the content identification is uncertain,lack of non-drug identification;capture is too simple;ignore confession Investigation of relevant information;technical investigation and evidence collection is not standardized.The third part is to propose improvements and perfection after discovering the problem,mainly: first,the extraction and seizure of drugs,on-site evidence search,on-site inspection and inspection,etc.should be comprehensive and timely;second,different types The problems existing in the collection of physical evidence suggest suggestions for improvement,including the seizure of physical evidence,the weighing of drugs,and the production of captured products.The third is to make suggestions for improving the problems in the collection of verbal evidence.It includes suggestions for in-depth review and investigation of criminal suspects' confessions and standardized production of appraisal opinions.Fourthly,it puts forward suggestions for the application of technical investigation procedures,including improving the starting conditions for controlled delivery and the control of evidence risks,perfecting the temptation.Issues such as legality boundaries,procedural regulation and supervision of investigations.
Keywords/Search Tags:drug crime, evidence, evidence collecting
PDF Full Text Request
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