毒品犯罪中的证据运用问题研究

发布时间：2018-07-04 21:28

本文选题：毒品犯罪 + 证据　；参考：《云南大学》2016年硕士论文

【摘要】：伴随着世界范围内经济、政治,文化一体化和中国改革开放的不断深入,毒品犯罪问题也日益凸显。中国虽然在建国之后的近十年内,通过各种积极措施,以“无毒国”形象屹立于世界之林,但是随着社会经济发展的进程,毒品问题又出现了很多新情况、新问题,不仅传统毒品(如海洛因、鸦片)的违法犯罪日益严重,以冰毒为代表的苯丙胺类和氯胺酮类新型毒品的蔓延趋势也很严重,已经成为我国占主导地位的毒品；毒品犯罪的手段也日益高科技化,近年来,利用新兴技术网络等现代通讯介质实现毒品犯罪的案件频频发生,并且呈现上升趋势,利用这种形式实现的毒品犯罪社会危害更大,寻找到有利证据的难度也更大。我们要意识到,很多以前的措施和法案,已经不再适应现在的禁毒工作,如何不断摸索适合新形式的措施,如何最大限度的使人民群众的利益不受侵害,如何有效的打击毒品犯罪问题,使人民群众有个安康幸福的社会环境变得越来越迫切。与此同时,我们也应该清晰的看到,《中华人民共和国刑事诉讼法》经过第二次修正,在证据的取得和认证方面都有了很大的突破,但是,与普通刑事案件相比毒品犯罪案件表现出特殊性,以至于在毒品犯罪案件中,证据的取得难、认证难问题仍然比较突出,这必然导致很多毒品犯罪分子不能最终在法庭上被定罪量刑,逍遥于法律之外。因此如何在以前禁毒工作的基础之上,更加高效的发现毒品犯罪案件中的证据、获取证据、把证据变为打击毒品犯罪的有力武器。特别是对于电子证据、特情获得的证据、控制下交付获取的证据、证人证言这几类对毒品犯罪而言,具有特殊意义的证据来说,需要更明确的思路。
[Abstract]:With the worldwide economic, political, cultural integration and the deepening of China's reform and opening up, drug crime has become increasingly prominent. Although China has stood in the forest of the world in the image of "drug-free country" through various positive measures in the nearly 10 years since the founding of the people's Republic of China, with the process of social and economic development, many new situations and problems have emerged in the drug problem. Not only the illegal crime of traditional drugs (such as heroin, opium) is becoming more and more serious, but also the spreading trend of amphetamines and ketamine drugs represented by methamphetamine is very serious, which has become the dominant drug in our country. The means of drug crime are also becoming increasingly high-tech. In recent years, cases of drug crimes realized by means of modern communication media such as emerging technology networks have occurred frequently, and have shown an upward trend. The social harm of drug crimes realized by this form is even greater. Finding good evidence is also more difficult. We must realize that many of the previous measures and bills are no longer adapted to the current anti-drug work, how to continuously explore measures suitable for new forms and how to maximize the protection of the interests of the people from being infringed upon. How to effectively crack down on drug crime, make people have a healthy and happy social environment becomes more and more urgent. At the same time, we should also clearly see that after the second revision of the Criminal procedure Law of the people's Republic of China, great breakthroughs have been made in obtaining and authenticating evidence. However, Compared with ordinary criminal cases, drug crime cases show particularity, so that in drug crime cases, the problem of obtaining evidence and certification is still quite prominent. This is bound to result in many drug offenders can not be convicted and sentenced in court, free from the law. Therefore, how to find the evidence in the drug crime cases more efficiently on the basis of the previous drug control work, obtain the evidence, and turn the evidence into the powerful weapon to combat the drug crime. Especially for electronic evidence, specially obtained evidence, controlled delivery of obtained evidence, witness testimony for drug crimes, the evidence of special significance, need more clear thinking.
【学位授予单位】：云南大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D925.2

【相似文献】