Research On The Ascertainment Of "Drug" In Drug Crimes

At present,there are a large number of cases in which drugs are not seized in the field of drug crimes.The Guiding Opinions of the Supreme People’s Court stipulates that "if drugs are not seized,but other evidence is true and sufficient,the corpus delicti can be ascertained",but the provisions of the Guiding Opinions are too principled and vague,it is still a realistic problem how to judge the evidence "true and sufficient".It is advocated that drugs are the key and necessary evidence to ascertain drug-related crimes,and if drugs are not seized,drug-related crimes are difficult to ascertain or even impossible to ascertain.Therefore,the judicial organ is faced with the problem of ascertaining "drugs" when drugs are not in the case,which not only brings difficulties to the governance of drug problems,but also has an important impact on the fair trial of drug cases.This thesis uses literature analysis,case analysis and other methods to analyze the ascertainment of "drugs" when drugs are not in the case.On the basis of relevant research,this thesis argues that "drugs" as evidence should not be equated with "drugs" as constituent elements,the fact of evidence of drugs is not equated with the fact of drug elements,and drug in kind is not necessary evidence to ascertain "drugs".The theory of "drug rehabilitation"and the way to prove the fact of drug elements are proposed to solve the ascertainment of"drugs" when drugs are not seized in drug-related crimes.The article is divided into four parts,as follows:The first chapter is an overview of the ascertainment of "drugs".First of all,it defines the concept and scope of drugs,drug-related crimes and drug not in the case.and then expounds the subject,process and content of drug ascertainment.Finally,it expounds the significance of the ascertainment of "drugs" in strengthening the fight against drug-related crimes,reducing the harm of drug-related crimes and enhancing the reference to similar cases.The second chapter is the practice of ascertainment of "drugs" when drugs are not in the case.First of all,there are a large number of drug-related crimes not found in our country,so the drugs involved in the case can not be ascertained as "drugs",even if the drugs not in the case are ascertained,in most cases,they are not ascertained as "drugs" before the case is filed.Secondly,the difficulty of ascertaining "drugs" when drugs are not in the case also puzzles conviction and sentencing.Finally,influenced by the habit of judicial practice and the idea of legal evidence,some conclusions of "drugs" identification in practice are worth discussing.The third chapter is the analysis of the reasons for the dilemma of ascertaining "drugs"when drugs are not in the case.First of all,this chapter summarizes the common reasons of drugs not in the case,and then analyzes the dilemma of ascertaining "drugs" when drugs are in the case.Through the analysis of the meaning of drugs and whether evidence of drugs or non-drug evidence can prove the facts of drug elements,the position of drug in kind in the ascertainment of "drugs" is discussed,and the conclusion is that drug in kind is important but not necessary evidence.The fourth chapter is the solution to the problem of "drugs" identification when the drugs are not in the case.This chapter first analyzes the support of judicial guidance documents,effective judgments and other legal documents to the ascertaining of "drugs" not in the case,innovatively puts forward the "drug rehabilitation",and discusses several "rehabilitation"paths through examples,discusses the cognizance methods of the varieties,quantity and purity of the "rehabilitated" drugs,and puts forward suggestions on the handling drug crimes in which drugs are not in the case.