A Study Of Several Evidentiary Issues In Drug Cases

Under the severe situation of the new round of combating criminal crimes,drug trafficking cases have become one of the key targets for rectification.The Supreme People’s Court announced in 2008 the "Minutes of the Working Forum on the Trial of Drug Trafficking Cases by Certain Courts in the Country" and the 2014 "National Court Drug Trafficking Cases" The Minutes of Trial Work Forum and the 2016 Supreme People’s Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Drug Trafficking Cases,etc.,are guidance documents and judicial interpretations formed under the guidance of the central government’s strict crackdown on drug trafficking cases.In practice,local public prosecutors and law enforcement agencies have strictly implemented the guidelines to take more severe measures to combat drug-related crimes,but despite this,drug trafficking cases are still banned repeatedly,and they are "communicating with them" with technological means.Presenting a situation that is getting worse.In the context of policy requirements for high-handed crackdowns on drug-related crimes,evidence is an important breakthrough in how to achieve effective detection and trial of drug trafficking cases.Due to the characteristics of high concealment,high mobility,rapid update of criminal behavior,and strong technicality of criminal methods,drug trafficking crimes are distinguished from other crimes in the collection,fixation and review of evidence,and have more stringent regulations.Claim.In addition,in drug trafficking cases,technical investigative methods are often used to obtain clues about transactions,and the forms of transformation,cross-examination methods,and validity review of such evidence are not very clear.All the above reasons make drug trafficking cases have evidence dilemmas in many aspects in practice.This article focuses on several evidence issues in drug trafficking cases,starting with the characteristics of drug crimes,and points out the current evidence dilemmas based on the specific evidence of drug crime cases,and proposes targeted optimization paths for the dilemmas.In addition to the abstract and introduction,this article is mainly divided into four aspects:The first part: This article uses the literature research method to sort out the current academic research results on the evidence of drug trafficking cases,and establishes on this basis to clarify the research framework,research focus and direction of this article.At the same time,the basic logic of evidence acceptance and fact determination in a large number of drug trafficking crime cases was searched and analyzed through the judgment document network,and the current judicial practice of drug trafficking crime case evidence investigation,review and determination of the current situation and needs were summarized.The second part: Based on the theoretical results and empirical research of the predecessors,the author combined with a case done personally,from the evidence collection,fixation,and review problems in the case,to introduce the current drug trafficking crime cases in general The predicament of evidence identification in China.The third part: Based on the foregoing two parts,this article summarizes the following evidence problems in judicial practice: First,the criminal behavior is updated,but the evidence is still relatively single;the second is the lack of standardization in the collection of physical evidence and it is difficult to achieve effective evidence The third is that the perpetrator’s "subjective knowledge" is difficult to prove,which affects the conviction and sentencing;the fourth is that the procedural regulations for technical investigation,secret service,and cross-examination are not clear,resulting in inconsistent application in practice;fifth is the exclusion of illegal evidence With different review standards,it is difficult to form a universal standard for the investigation and trial of such cases.The fourth part: On the basis of the foregoing,propose an optimized path for the corresponding difficulties,and strive for the feasibility and comprehensiveness of the measures.First of all,we should pay attention to the comprehensiveness,comprehensiveness and efficiency of evidence collection,optimize the way of evidence fixation under the premise of comprehensive collection of evidence,and at the same time pay attention to the legality of evidence collection.In judicial trials,we should clarify the "subjective knowing" standard.This article is based on practicality,combined with the possible social effects,discusses the related problems and solutions of evidence determination in drug trafficking cases,and hopes to provide guidance in the practice of evidence determination in drug trafficking cases.