Difficulties And Countermeasures Of Drug Crime Investigation And Handling Of Cases

China's legislation on drug law has undergone the following four periods:(1)before the commencement of the criminal law in 1979 to the implementation of the decision on counter-narcotics in 1990,(2)1990 decision on counter-narcotics until the implementation of the Criminal Law in 1997,(3)1997 Criminal law after the implementation of the anti-drug law Prior to implementation,(4)since the implementation of the anti-drug law of 2007.Drug crime has been the focus of attention both in theory research and in Practical view.With the rapid development of society and the diversification and variability of the means and methods of drug crime,more problems have been caused by drug crime.As for the controversial point of drug crime,the academic circles and judicial practice can not reach consensus at some level,In the judicial practice,the conviction and sentencing of related crimes caused a certain degree of difficulty.Therefore,this paper attempts to discuss some controversial problems in drug crimes,which can make the cognizance of some problems of drug crime in the field of theory and practice,and has a clearer idea and clear point of view.The details are as follows: 1.The main crime and non-crime of drug crime,that is,the subjective knowledge of the poisonous personnel is unknown,the subjective intention of the suspect is difficult to identify,because the criminal law stipulates that the subjective aspects of drug crime must be intentional,that is,"knowingly" the object of its criminal The scene captured the suspected drug suspects and spread line captured by the suspect,most of them deny that they knowingly receive drugs,or admit their criminal facts at first,but then overturn the original confession in the subsequent interrogation,which makes the relevant departments find the subjective intention of the crime more difficult,which leads to the arrest or even the arrest is difficult to prosecute;2,this crime and other crimes,transport drug crime and illegal possession of drugs in the objective existence of a certain concurrence of relations,the transport of drugs must hold drugs,while the possession of drugs includes both static holding and dynamic holding,dynamic possession of drugs and transport drugs there is a formal overlap,The distinction between the crime of transporting drugs and illegal possession of drugs under certain circumstances has always been a controversial problem in practice.3.The chaotic area of drug crimes-centered,that is,whether the crime of drug trafficking is a profit-making factor,there are great differences in judicial practice,"Wuhan conference minutes" for "the drug addicts for the purpose of the Commission,for its introduction to contact traffickers" the qualitative provisions and legal conflict,easily lead to judicial confusion;This article mainly aims at the above three points the drug crime legal difficulty to summarize,and proposes the corresponding strategy each.