Research On The Related Issues Of The Expert Opinion In The Examination Of Drug Crime Cases

The social harm of drug crime is serious, which has long been the focus of the judicial organs in our country. February 18, 2015, China National Narcotics Control Commission Office in Beijing held a "2015 China’s drug situation report" press conference, the report from the drug abuse, the source of drugs and precursor chemicals sources, drug trafficking and so on several aspects analysis the drug control situation in China. The report noted that the number of drug cases seized in our country has created a new record, a substantial increase in the use of synthetic drugs, drug sources are becoming increasingly diverse and so on. In recent years, the trend of drug crime is increasing year by year, especially in the recent exposure of celebrity drug abuse events, causing a high degree of attention from all sectors of society, but also brings bad influence to the social management order. The judicial practice over the years has formed some consensus and experience about drug crime investigation, prosecution, conviction and sentencing. The Supreme People’s Court issued the "Wuhan meeting minutes" in 2015, pointed out the new problems in the handling of drug crime process, also pointed out the direction of the effective deal with crimes and protecting human rights.Expert opinion is a special issue in the examination of drug crime, as a product of the combination of the scientific field and the judicial field, it is more and more concerned by the judicial practice that it should have the science and the justice as the independent evidence type. Identification of the types, quantities and purity of drugs requires the identification of a person to use professional science and technology or expertise to judge and make a decision, April 7, 2016, the Supreme People’s Court issued a public "interpretation on Several Issues concerning the application of law in the trial of cases of drug-related crimes", which explicitly or cut the number of multiple drug conviction and sentencing standards. For example, caused great harm of ketamine to our country and its number of conviction and sentencing standards down to 1 / 2 of the original, proving that expert opinion has a decisive influence on the evidence of the defendant’s conviction and sentencing, which should cause high attention.These years, there are many problems both at the micro level of case identification and judicial appraisal management, or on the top of the system in China’s judicial expertise areas, In a sense, a large number of misjudge cases and unjust case are derived from the judgment of expert opinion. Expert opinions can be used by many factors, not only by the investigation and evidence collection procedures, identification procedures, judicial expertise and other factors, but also depends on the quality of the trial and the judge’s certification. So in order to combat crime, safeguard the legitimate rights and interests of the defendant, it is necessary to improve the investigating authorities seized drugs involved in the procedures, procedures of identification of inspection and authentication institutions, to further strengthen the objectification and openness of right of discretion of judges, establish a review process for the identification of drugs’ expert opinions in the course of the trial, improve the way to judge the probative force of the expert opinion.This paper is written as:First of all, the article discusses the function of drug crimes’ expert opinion. The author analyzed the primary function of the expert opinion is proof function, is the important basis of drug-related criminal conviction and sentencing, at the same time, it can identify and recognize the function of other evidence. Secondly, from the perspective of the status of drug crime cases, combined with the characteristics of the current drug crime, draws the conclusion improve drug expert opinion can improve the level of drug cases investigation. Finally, expert opinion can supplement the judge’s cognitive ability, to enhance the judicial efficiency, which guarantee the drug trial of fairness and efficiency.The second chapter is the research on the process of drug identification and the review of the opinions of the expert opinion in our country. From the status quo of Chinese drug identification analyses that our drug development to identify constraints, and the cross examination of foreign drug identification and expert opinion, certification procedures for the comparative study, trying to absorb the advantages and draw lessons from foreign expert opinion system.The third part mainly points out the practical problems of drug discovery and expert opinion identification procedure of drug crime. This chapter starts from two aspects and using the “case analysis” method, pointed out our country current in the investigation of seizure and sampling procedures are not standardized, inspection materials storage custody chain is not complete, drug identification of the subject is not independent, identify the operation process and the way is not uniform, expert opinion book production is not standardized; And the problems in the course of the trial are: the high rate of adoption of the expert opinions of drugs, the lack of substantial examination of evidence, re identification of the high rate of application.In the fourth chapter, the author puts forward the suggestions on the improvement of the above problems. The improvement of the expert opinion of drugs is a large and complicated work, which needs the cooperation of the departments of investigation, identification, judicial and other departments. The specification from seizure, sampling and inspection procedures, drug identification process grasp the strict, drug appraisal opinions of substantive review several proposed personal humble opinion, hope in drug identification opinions make accurate and substantive review with their own modest. Eventually, I put forward my own opinion from several aspects: specification seizure, sampling and inspection procedures, strictly abide by the process of drug identification, make "substantive" review to drug expert opinion, hope in the expert opinion of drug made of review and substantive aspects to make its own contribution. Hope can make my own contributions to the aspects of make accurate drug expert opinion and to substantive examination of it.