| In the Early Days of New China, under the leadership of the Communist Party of China,the Chinese people launched out a vigorous nationwide campaign prohibiting drugs byperfecting legal system, which successfully eradicate the bad habits of opium smoking andtrade in recent times.It’s beyond question that this campaign got emphatic and splendid achievements inhistory. However, with the development of the opening policy, drugs abuse and trade isrising again. According to the Annual Report on drug Control in China of2010, in2009,China cracked down77,000drug-related criminal cases, arrested91,000criminal suspects andconfiscated5.8tons of heroins. Meanwhile, public security organs at all levels made furthercontrol of the illegal loss of precursor chemicals, cracked down137drugs-making criminalcases and confiscated649.1tons of illegal chemical products. The brutal facts raised somequestions: why the drugs control can achieve great success within three years in early days ofnew China instead of nowadays? What’s the exact situation of the drugs prohibiting lawssystem in that times? How were they carried out in practice? What’s the reason of its success?Is there any experience to be drawn on?The above-mentioned reasons raise my interest in the legal system of drugs control in theEarly Days of New China. Through collecting, exploring and analyzing the historicalbackground, this thesis chooses Yunnan Province as the example. The reasons are followed:Firstly, the liberation of Yunnan Province was relatively late and the development of the lawsystem of drugs control was relatively lagged. Secondly, with the name “No Drugs, NoYunnan Province”, Yunnan Province was one of the provinces which suffer the most severedrugs flooding in Chinese history. Investigating on its history, the difficulties in controllingdrugs in that times can be fully presented, on the other hand, all aspects of law system ofdrugs control can also be unfolded. Under the guide of dialectical materialism, exploding intothe related files of Yunnan Province, with the methods of sociology, history, statistics andrepresentative case analysis, this thesis includes three parts, namely, the introduction, themain body (six chapters) and conclusion, which takes and overlook of the development of lawsystem of drugs control in Yunnan Province in the Early Days of New China.The introduction mainly discusses the reasons, motivation, present condition, materials and methods of this research, aiming to outline the purpose and value of this research.Chapter one mainly reviews the law system of drugs control before the Founding of PRC.Opium owns a remote origin in China. Early in Middle Tang Dynasty, it was recorded.However, it wasn’t abused; instead, it was considered as flower or medicinal materials.Opium-smoking flooded in Qing Dynasty, so, the national law in opium prohibition was startfrom Qing Dynasty. Since the first law in opium prohibition issued in the Seventh Year ofYongzheng Emperor in Qing Dynasty, successive governments have been suppressingopium-smoking and issuing lots of laws and regulations in drug control. Till the foundation ofPRC, the campaign has last two hundred and twenty two years, including those laws andregulations issued by the Communist Party of China in those revolutionary bases in that time.All of these laws and regulations own their own characteristics of times, which are fullydemonstrated in this thesis.The historical environment and drugs abusing situation in the Early Days of New Chinaare introduced in Chapter two. It’s necessary to overlook the main environment before thediscussion of the law system of drugs control in the Early Days of New China. Firstly, thischapter gazes at the disordered social environment, the vacant legal system, brokeneconomical situation and dangerous international surroundings. The law system of drugscontrol was developed in this complicated historical environment. Subsequently, the floodingof drugs in that time was described. The incompletely drugs control in history leaded to thechaos of drugs flooding in the Early Days of New China, especially in Yunnan Province.Then this chapter analyses the harms it brought to society.In Chapter Three, the laws and regulations of drugs control in the Early Days of NewChina are presented. In order to control the drugs flooding, a large-scale legal campaignagainst drugs abusing was launched in that time and lots of laws and regulations were issuedduring this campaign. Firstly, this chapter gives and overview of drugs control in YunnanProvince, including the preliminary practice of drugs control in Yunnan Province carried bythe Communist Party of China and the two steps of the national-wide campaign. What’s more,this chapter also elaborates on those essential laws and regulations issued to guide the drugscontrol campaign in Yunnan Province in that time.Chapter Four lists the propagation and enforcement of these laws and regulations. Underthe special circumstance, it’s essential to issue related laws and regulations to control drugsentirely. However, it wasn’t the first priority. Instead, the most important thing is the laws and regulations can be understood and accepted by the people. Therefore, propagation is essential.As for the measure adopted in the Early Days of New China,“completely prohibit” was themain policy. The planting, trading, manufacturing, selling and smoking of opium was totallyprohibited by all kinds of methods and suffered various punishments.Chapter Five analyses the reasons why drugs control was successful in the Early Days ofNew China. Over two hundreds years, successive governments have failed in erasing opium,while in New China, the clean-up just cost three years. This chapter concludes several reasonsfor this success: the self-enclosed domestic and international environment in that time is acondition; the unified political power is a guarantee; the mass movement is the main methods;the combination with other social movement is its characteristic; the serious administration isthe key.Chapter Six is the value and reflection on the law system of drugs control in the EarlyDays of New China. Singly form the drugs control, the achievement is beyond doubt. Theglorious of the achievement and the vast of the scale are unprecedented. It made China hadbeen regarded as “Nation without Drugs” for thirty years. However, from the aspect of thedevelopment of law system, same as the development of other law system, it is still at thepreliminary stage. Although the laws and regulations issued at that time effectively fill in thelegal gap and maintain social order, it also left some mistakes such as “campaign-typed lawssystem” or replace laws with policies, which are typically the main problem in that times. Inaddition, it brings some serious “sequel” for New China. This chapter concludes thesuccessful experience in the drugs control in the Early Days of New China and analyses themain influence it brought to the law system, including the relationship between revaluationand law system, campaign and law system, policy and law system.Exploring on these issues is meaningful and illustrating in the construction of rule bylaws which includes law system of drugs control. |
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