Study On The Use Of Evidence Of Informants In Drug Cases

The current drug crime shows,transport,trafficking,sale system,group development trend,due to the particularity of drug crime cases of this type of evidence difficult than other criminal cases is more prominent.The use of secret investigation measures to combat drug crime should take into account the efficiency and legitimacy,and to ensure that the investigation of the case legal procedures.Finally to the court of accurate fact finding.Through the comparison of domestic and international standard operation practice and emergency system,the special investigation of this evidence to regulate the transformation and the establishment of related specifications,for the current drug use of the evidence in the case has important significance.Special evidence in drug cases,is the main dilemma.The procuratorial organ and the court could not analyze effective cross examination or accurate content for the practice of secret testimony.Which in turn led to the difficulty of finding the facts.This paper holds that special evidence in drug cases should belong to a general type of evidence with evidence subject identity different from ordinary criminal evidence.According to the actual content of special information evidence,it can be divided into special intelligence testimony and special intelligence.Special items such as different types.Whether the case should appear in court,accept court cross-examination,should be in the specific case conditions for practical analysis.On the one hand,the important witness must appear before the court to cross-examine the evidence,which is the legal duty of the witness;on the other hand,the witness,as a participant in the proceedings unrelated to the case,the court also has the obligation to ensure the safety of the witness.In judicial practice,the special situation as the intelligence of the national investigative organ often means that the judicial organ should ensure the secrecy of its identity.How to strike a balance between protecting the secret of the interest of special investigation and ensuring the legitimacy of the essence of court trial will test the standard and practice level of the application of evidence obtained by special investigation.This paper expounds the topic through the following three chapters: The first chapter mainly discusses the necessity of the effective containment and blow effect of the special investigation means to the current drug situation and its serious social harmfulness.From the definition of the concept boundary,this paper expounds thepresent situation of local and foreign standards of special investigation,and summarizes the research in the field of this system.The second chapter focuses on shifting the focus of the discussion to the analysis of the ontology of the evidence obtained in the investigation of special circumstances,through the investigation of the types of such general evidence and the analysis of the current situation of the concrete transformation and application in practice,and then from the standard.The two perspectives of practice deepen the cognition of the application of special evidence,and lay the foundation for the application of the following evidence and how to bring the special evidence into play under the view of Court centrism;The third chapter hopes to solve the dilemma of the use of special evidence in court by putting forward four ways of thinking: legalization of special evidence,conversion and application,construction of supporting norms,reasonable interpretation and response to the essence of the trial.Then points out the purpose of this paper.