| For the moment,the global drug crime is exacerbating and spreading,and the problems of drug manufacture,transportation,smuggling and trafficking are still prominent.A great quantity of drug users,the types and sources of drugs are increasing,and the drug crime has become a global problem,even like a persistent disease.In the context of globalization,China’s status of drug crime can not be immune.The intensified infiltration of overseas drugs,the collectivization of criminal subjects,the diversification of criminal means,and the endless emergence of network drug trafficking and new drugs have led to the continuous spread of drug abuse and an increasingly serious drug problem.Therefore,it is the urgent need of the country and the society to intensify the fight against drug crimes.With the deepening of China’s judicial system reform and the implementation of the criminal procedure system reform centered on trial,higher requirements are put forward for the evidence consciousness and evidence collection ability of forensic personnel.Investigation and evidence collection process is an important link in the fight against drug crime,the public security organ is shouldering the important task to crack down on drug crimes.Drug cases investigation evidence collection ability strong and the weak,directly determines the quality of drug crime cases,also determines the effect of the drug crimes,therefore improve the ability of investigation department investigation evidence collection is of great significance to combat drug crimes.Based on the importance of investigation and evidence collection in drug crimes mentioned above,this paper is divided into three chapters,based on the concept of drug crimes,focusing on the investigation and evidence collection of drug crimes,deeply analyzing the difficulties in evidence collection,and providing optimal reference for the investigation and evidence collection of drug crimes.The first chapter is the overview of drug crime investigation and evidence collection.First quarter through the simple interpretation of the concept of drug lead to drug crime concept discrimination,different aspects of the comprehensive theory for drug crimes,can find arguments focus on the range of drug crime violation or violation of laws and regulations of object of crime,drugs,crime,drug crime behavior rules form three aspects,make the concept for drug crimes.In addition,drug crime presents different characteristics with the development of The Times.Combined with the report on the drug situation in 2018,this paper summarizes the current situation of drug crimes from five aspects: the collectivization of criminal subjects,the diversification of criminal means,the expansion of criminal regions,the proliferation of drug trafficking on the Internet and the rampant of new drug crimes.Secondly section cuts into the topics of drug crime investigation and evidence collection,and expounds the particularity of drug crime investigation and evidence collection,which makes drug crime investigation and evidence collection different from general criminal crime investigation.It is embodied in the initiative of the method of evidence collection,the hierarchy of the purpose of evidence collection,the secrecy of the process of evidence collection,the synchronization of evidence collection and investigation,and the extensive cooperation of evidence collection.The second chapter is the practice and problems in drug crime investigation and evidence collection.Firstly is the technical investigation measures in drug crime investigation and evidence collection.Due to the limitation of space,this paper only introduces and analyzes the application of controlled delivery and concealed identity investigation in drug crime investigation.In the introduction of the two technical investigation measures,in addition to expounding the current situation of China’s legislation,these two technical investigation’s regulating measures are also compared.The main problems in the application are the unclear implementation rules caused by the lax legislation,which easily lead to the abuse of technical investigation measures.The lack of supervision mechanism and the lack of regulation on the evidence collection in the investigation process;There are also no sanctions against illegal acts committed by investigators in the process of obtaining evidence.The second section introduces the technical appraisal in drug crime investigation and evidence collection.As the most important material evidence in drug crime,technical appraisal is indispensable.In addition to the identification and judgment of relevant evidence,the existence of technical appraisal also provides information source and important basis for determining the direction of investigation,determining the scope of investigation and deploying the investigation plan.In the current investigation practice,the state of separation of investigation and technology,the incompleteness of relevant data and the backwardness of inspection technology have become the disadvantageous factors restricting the technical appraisal to play an important role.The third section,with a global perspective,introduces the international cooperation in drug crime forensics.Due to the globalization trend of drug crime,more and more countries are suffering from it.Therefore,it is necessary for cross-border drug crime investigation and evidence collection to comply with the development of The Times when joint efforts are made to combat drug crime.After expounding the necessity of evidence collection cooperation,this paper introduces the current situation of international cooperation with prohibition of opium,and explores the existing problems under the current cooperation mechanism from the perspective of the current situation of cooperation in the "golden triangle" and "golden crescent" regions.The third chapter provides optimization ideas for the above problems in the practice of investigation and evidence collection.In the first section,the author puts forward some Suggestions on how to improve the application of controlled delivery and concealed identity detection.Firstly,the relevant provisions of delivery under control should be refined from the aspects of start-up conditions and approval procedures,so as to standardize the application of delivery under control and better play its role in the fight against drug crimes.Secondly,the investigation of concealment of identity is reasonably applicable.Therefore,there is a risk of inducing others to commit crimes when the measures are applied,and it is easy to cause damage to the legal rights of the counterpart.Therefore,the measures should be improved from the perspective of supervision.At the same time,the construction of the team of concealed identity investigation should also be concerned.Section two is the perfection of technical appraisal.From the current state of disjointed investigation and technology,build the investigation and technology cooperation combat mechanism.We will increase investment in scientific research,develop relevant drug testing technologies and add related instruments and equipment in view of the current technical blind spot of new psychoactive substances,and strengthen the ability to examine physical evidence for investigation and evidence collection.We will improve the database of drug suspects and drug information to provide information sources for the investigation.At the same time,deepening international cooperation in drug control is also an important part of enhancing the ability of drug crime investigation and evidence collection. |
