The Problem Of Legal Application On Drug Crime And Its Solution

The rate of drug-crime is rising year by year during the work of charging and adjudging. It is necessary for judicial organs to fight drug-crime severely on the high drug-criminal rate. If don’t do this, the drug-crime will trigger some other crimes and disturb the order of society. But fighting drug-crime severely must obey the criminal theory and the criminal law, both the “severely” and “legally” are necessary. When the judicial organs deal with the “selling drug for smoking” criminal cases, they don’t distinguish the drug for sale or smoking. If confirming the criminal of “selling drug for smoking” has sole drug, the drug all they own will be treated as sold. The way of dealing with drug-crime focuses on fighting but not protecting. It doesn’t mean the kind of “selling drug for smoking” criminal cannot be treated as sold. If we can confirm the criminal will sell the drug they own, all the drug must be treated as sold. But if we cannot, the drug they own should only be treated as “sin of owning drug illegally”, if the quantity of drug has achieved the standard of that sin. It’s the requirement of “crime and punishment in legal” theory. The action of introducing on drug crime is so usual an action during the work of charging and adjudging. The kinds of introducing-action on drug crime are so multiple, and they are derived by the drug crime in the criminal law. It is not fixed whether the action of introducing on drug crime constitutes drug crime. It needs to be analyzed with different cases, because the actions of introducing on drug are not stipulated as crime in the criminal law. We should analyze the action of introducing first, and contrast it with the drug crime. This composition will analyze some main actions of introducing on drug crime with some real cases, and to fix some essential factors for the constitution of drug crime with the action of introducing. The way of investigating on the drug crime is quite different with it on other crimes. If the way of investigating is illegal, it will become the reason for counsel to apply for removing the illegal evidence. And it also can influence the crime and prison term of the accused. It’s so important for the basic charging and adjudging work to deal with drug crime. This composition will discuss the way of“tempted investigation” and the “pay in control”, in order to be sure of legal limits for investigating. And I will give some suggestions to perfect the appraisal of drug. The measurement of penalty is going to be done with fixed formula. The criminal law gives some fixed limits for several main drug crimes. The judicial organs give a more complex formula to count prison term of drug crime with more factors. But the new kinds of drug bring challenge to the judicial organs’ formula. Refer to the criminal law and drug ban law, all the kinds in the <catalogue of narcotic drugs> and <catalogue of psychoactive drugs> are considered as drugs on crime. So the concept of drug is not only as the common drug like opium, morphine, cocaine or methamphetamine. We need to make a formula of drug rank, and modify the judicial organs’ formula of prison term to add the parameter of drug rank. Doing this can make sure of the penalty and toxicity are equal. The way of making out cash penalty also needs to be sure, I will discuss the problem in part four of this composition.