Research On The Criminal Justice Identification Caused By Drug Crime Temptation Investigation

Along with our country economy and the continuous development of science and technology,drug crimes are increasingly rampant,the harm to public health of body and mind,induce a large number of illegal crime,impact the social moral system,destroyed the drug-related personnel’s family stability,caused enormous economic loss,is very bad for a country and social public,so a a harsh crackdown on drug crime.China has made many efforts to prevent and fight against drug trafficking,but drug crimes still account for a large proportion of the total number of crimes in China.Until now,drug crimes have been increasing rapidly.In this paper,with typical cases,the case involves the problems of drug crime,mainly is the application of the temptation investigation problems,drug crimes temptation investigation of drug trafficking is attempted and make the judicial cognizance of drug problems are discussed in this paper,such as inductive put forward the feasible way to solve,and expects to benefit the drug crimes of justice.This paper consists of four parts:The first part,introduces the basic case,induces the dispute question of this case.In this case,whether the investigation method is beyond the limit of legality,and whether the criminal behavior carried out after the perpetrator,tang,was seduced by li,the "informant",should be punished? In the case,tang’s delivery under the control of the police should be identified as completed or attempted? In the case,the crime of tang mou accords with both drug recidivism and recidivism,should be applied to the provisions of the criminal law on drug recidivism,or the general provisions of the criminal law on general recidivism,or should both be applied?In the second part,the author makes a full legal analysis of the related problems involved in the case.This paper makes a distinction between reasonable police traps and unreasonable police traps,and makes a theoretical analysis of the nature of unreasonable police traps.The standard of attempted drug crime is analyzed legally.This paper makes a detailed analysis and discussion on the judicial identification of drug reoffending and drug reoffending at the same time.Part of the third part,according to the related issues of theoretical analysis,combined with the specific situation of the case,it is concluded that in this case the police to don a temptation investigation method used is reasonable,tang a drug delivery behavior under police control shall be deemed to be accomplished,drug trafficking to comply with the drug at the same time make the drug and recidivism don a drug shall apply it again on the processing rules for its "shall be given a heavier punishment",not with the general provisions of criminal law recidivism provision and heavier,but recidivism provision "shall not apply to the probation" and "parole" in the restrictive provisions shall be applicable.The fourth part,the research inspiration of this case.In this article,through the discussion of the typical cases,on the application of the temptation investigation,drugs make the judicial cognizance,etc problems are analyzed in theory,and combining with the complexities of temptation investigation,the legality of the temptation investigation of drug crime problem put forward the legislative Suggestions,and through perfecting the judicial interpretation to clarify it again with drugs of drug qualitative chaos of recidivism.