The Research On The Application Of Appraisal Opinions In Drug Cases In China

Against the background of severe and complicated situation of drug control in our country and the arduous task of drug control,expert opinions,as a product of the combination of scientific and judicial fields,are one of the indispensable evidences in drug cases and have always been concerned by people.In drug cases,the identification of the types,quantities and purity of drugs seized has been carried out.Need to have expertise in the identification of the use of professional technology to detect and eventually come to the identification results,the formation of drug identification opinions.Drug appraisal opinion is the basis of conviction and sentencing of the defendant in the trial of drug cases.Whether it can be successfully converted into litigation evidence should be the focus of attention of the judicial organs.However,in recent years,there are many problems in the judicial practice or legal theory of drug appraisal opinions,which have also led to the emergence of some unjust and false cases.Whether drug appraisal opinions can become litigation evidence depends on the investigation procedure and appraisal procedure on the one hand,on the other hand,the cross-examination and certification procedure in the court trial process.Therefore,it is necessary to perfect the procedures of seizure,sampling,storage and inspection,standardize the procedure of producing opinions of drug appraisal by the appraisers,promote the result fairness by the procedure fairness,further standardize the judge’s discretion on opinions of drug appraisal,solve the key point of difficulty for the appraisers to appear in court,and make opinions on drug appraisal possible.It can really play a role in combating drug crimes and safeguarding the legitimate rights and interests of defendants in drug cases.In addition to the introduction,this article is divided into four chapters.The first chapter is "the concept of expert opinion and the function of identification of drug cases".Through the analysis of the concept of expert opinions and the analysis of the proof function,supplementary function and safeguard function of drug expert opinions,we realize the importance and function of expert opinions in current drug cases.The second chapter is "the identification of foreign national drugs and the verification of authentication opinions." This chapter gives a brief overview of drug identification procedures in Germany,France,the United States and other countries,focusing on the classification and interpretation of the cross-examination and certification procedures of drug identification opinions,and introduces the cross-examination and certification procedures of drug identification opinions in Anglo-American law system and continental law system respectively,drawing on the advanced experience of foreign countries.And procedural norms provide a basis for finding out the problem of drug identification in China.The third chapter is about the problems of drug identification in China.Through sorting out the links of drug identification opinions in the investigation,appraisal and trial procedures in China,it is found that there are doubts about the qualifications of drug appraisers and appraisal institutions,the independence of drug appraisers and the protection of the rights of the defendants,the collection of evidence,the non-standardized consolidation of evidence,the lack of a closed chain in the procedure of inspection and the identification of drug content.The prominent problems such as inconsistency,new drug identification problems,high acceptance rate of expert opinions by judges,and the formality of cross-examination procedures for drug identification opinions are also analyzed.The fourth chapter is "the way to reform the identification of drug cases in China".Through combing the legal provisions and combining with the work practice,the author puts forward that in the investigation,appraisal and trial procedures of drug cases,we should standardize the procedures of seizure,sampling,storage and inspection of suspected drugs,standardize the process of drug appraisal,clarify and refine the situation of drug content appraisal,ensure the testimony of appraisers in court,and improve the"experts" In order to perfect the application of opinions on drug appraisal in judicial practice,the auxiliary person system and the discretion of judges in the process of certification should be standardized.The innovation of this article is mainly embodied in:through my work practice and combing the legal norms,we can deeply find the subtle problems in the process of drug identification,have a deep understanding of the problems in the process of drug identification,and can explore the existence of drug identification opinions from the perspective of a judicial staff.Problems and put forward practical reform proposals.The inadequacies of this paper and the problems needing further study are as follows:in view of the fact that domestic scholars have done a lot of research on appraisal opinions,but most of them have not studied the opinions on drug appraisal,there are few related papers,and the sources of relevant academic resources are relatively scarce;because the procedures of drug appraisal in foreign countries are mostly in foreign languages.I can only read the translated Chinese version because of my poor English proficiency.I can’t learn from the useful experience of foreign countries.The two reasons above make this article have some deficiencies.How to effectively make the opinions on drug identification play the greatest role in dealing with drug cases is also a problem that the author needs to further study in the future.