Research On The Authenticity Of Drug Crime Cases

China has been increasing its propaganda and crackdown on drug crimes,but drug crimes still occupy a large proportion in criminal crimes,and the crackdown on drug crimes is not optimistic.While cracking down on drug crimes,investigating agencies have failed to take appropriate measures to ensure evidence,and the legal rights and interests of criminal suspects are difficult to secure.In order to regulate the evidence collection behavior of investigators in drug crimes,the Supreme People's Court,the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the"Provisions on Several Issues Concerning Procedures for Drugs Extraction,Seizure,Weighing,Sampling and Inspection for Drug Crimes." Based on this regulation,through searching and analyzing drug crime cases,it is found that investigators'irregular evidence collection behaviors still exist.The drug evidence obtained by investigators is often questioned by criminal suspects and defenders about the identity of the evidence,so it is very important to protect the identity of the drug from its extraction to its appearance in court.Authentication requires that the proving party must prove that the evidence is the same in court,and its application in drug crime cases can meet the requirements for the identity proof of drug evidence.Authentication rules belong to the norm of evidence ability and play a screening role on evidence.In the process of screening evidence,procedural sanctions and procedural safeguards are used to regulate the evidence collection of investigative agencies and protect the lawful rights and interests of criminal suspects.At the same time,the space and connotation of procedural defense have been widened.However,there are also difficulties in the application of authenticate drug.There are theoretical and practical obstacles in judicial practice,including:irregular evidence custody chain,difficulties for investigators to testify in court,and confusion between the power of evidence and the power of evidence.Authentication 's independent value cannot be highlighted.The obstacles in these theories and practices are not conducive to authentication's implementation in drug crime cases and affect its function.Therefore,in order to ensure that the value of authenticity is realized and it can be better applied in drug crime cases,on the basis of general physical evidence authentication methods,it is necessary to perfect the method of authenticating drugs,such as using authentication to uniquely Identify and refine the operability of the chain of custody certification.When drug evidence cannot be verified,drug evidence cannot be directly ruled out based on the special characteristics of drug crimes.The prosecution party shall be given the opportunity to make corrections to the defective drug evidence first;if the corrections cannot or cannot be made,conditional exclusions shall be made.At present,there is relatively little research on the authentication system.There are still some difficulties in the implementation of authentication system in China,especially the the authentication of evidence in drug crime cases.However,the true role and value of drug authentication are obvious.In the context of the reform of the"trial-centric" criminal procedure system,the authentication of drug evidence is conducive to the realization of "substantial hearing" and to safeguard the legality of criminal suspects Rights and interests,regulate public power behavior,find out the facts of the case,reduce the possibility of unjust,false and wrong cases,and promote the realization of judicial justice.Therefore,in order to promote the realization of procedural justice and substantive justice,it is necessary for the theoretical and practical communities to work together to strengthen the research on the authenticity of physical evidence,explore a perfect way,and realize its due value.