A Study on the Application of Rules of Thumb by Judges in Drug Offence Cases
In criminal proceedings of drug-related crimes,due to the difficulty in providing evidence,judges often need to apply the rule of thumb to effectively combat drug-related crimes.The value of the rule of thumb in the proof of drug-related crime cases is mainly embodied in two aspects:fact determina-tion and evidence evaluation.In terms of fact determination,the rule of thumb mainly acts on the pre-sumption of conviction facts and sentencing facts;in terms of evidence evaluation,the rule of thumb is mainly used to evaluate the authenticity of the defendant's confession and defense,witness testimony and other verbal evidence in drug-related crimes.Although the application of the rule of thumb in hearing ca-ses of drug-related crimes is of great value,there are still some misunderstandings of judges'application of the rule of thumb because the practical application is still in the exploratory stage.For example,the application of the rule of thumb is not highly probable,the application scope of the rule of thumb is inap-propriate,there is no perfect procedure to guarantee the application of the rule of thumb,and the rule of thumb is applied in a closed way.These problems need to be regulated with some measures.Therefore,when applying the rule of thumb,judges need to follow some principles,regulate the application proce-dure of the rule of thumb and the interpretation of judgment documents,and grant the defense the right of relief to appeal on the grounds of the rule of thumb,so as to ensure the reasonable application of the rule of thumb in hearing drug-related crime cases and effectively exert the unique value of the rule of thumb in litigation.
drug-related crimesexperiencethe rule of thumbjudicial proof
万方数据
维普
