Research On Identification Of Drug Crimes

Drugs are a worldwide public hazard,and the drug crimes are severely punished as serious crimes in today's countries under the rule of law.From the fact that the state controls drugs according to law and criminalizes some drug-related behaviors,drug control is the embodiment of the state's public power.At the same time,the control of drugs should be scientific,and the drug-related behavior of citizens should be qualitatively determined.The criminal law can truly play the role of "Magna Carta".There are still many disputes in the judicial practice to determine drug-related crime,and regret situations of different judgments for the same case.These situations seriously damage the unity of the national legal system,because the charge of drug-related crime only makes a simple statement in the criminal law.This paper focuses on further research on subjective knowing recognition issues,drug quantity calculation problems,and crime pattern identification problems in current practice.The research results help to improve the relevant legislation,and provide reference and help for judicial practice.The introduction of this paper mainly discusses the origin of the topic selection and the research categories.This part explains the research significance,purpose and value of this paper through presenting controversial issues in drug judicial practice.This paper researches hard problems of drug crime identification based on the theory of criminal law and anti-drug practice,to make sure future' trend of drug control criminal legislation.The first chapter is the definition of the concept of "drugs" and"Drug crimes".This part analyzes three elements of drug definition:illegality,addiction potential and perniciousness.Among them,addiction is the natural property of drugs,and the necessary condition for drug control.However,addiction should be defined under the law.Illegal confirmation is related to national control,and harmfulness is the normative attribute of drugs.Taking the normative attribute as the essential attribute of drugs has promoted the legalization of drug control.This paper puts forward the concept of drug-related crime from both formal and substantial aspects and reconstructs it substantially.Therefore,drug is defined as:medicinal and non-medicinal drugs and psychotropic drugs regulated by the state,which make people addicted.Drug crimes refer to acts that violate drug laws and regulations,undermine the order of drug control,and seriously endanger or threaten the physical and mental health of the public.The second chapter discusses the difficulties of identification of drug crime and solutions.The establishment of a crime requires the actor to be subjectively responsible which proves that the subjective knowledge of drug suspects is the key to accurate conviction and sentencing.The actor should know the types of drugs;otherwise they just have fuzzy images of drug knowledge.Due to the lack of sufficient ethics in legal provisions,the system of knowledge and law making is questioned.The knowledge of illegality should be an important part of knowledge.Although the presumption is widely applied in practice due to the difficulty of proving,it is easy to violate human rights and lead to judicial arbitrariness.In the practice of drug-related crimes,the application of presumption in criminal litigation needs to meet certain conditions.The standards should be established from three aspects:basic facts,middle connection,and refutation of presumption.In addition,it is necessary to enrich the means of proof,perfect the legislative procedure,and ensure the balance between the fight against crime and the protection of rights.The third chapter discusses the difficulty and solution of drug quantity determination in judicial practice.Synthetic drug abuse is becoming increasingly prominent,and it is not uncommon for the same offence to involve more than two drugs.The count the amount of drugs and method of estimation have their application limitations.The method of conversion is difficult to ensure the substantive fairness and justice.This paper points out that for different kinds of drugs involved in the same crime,we should use classified conversion and give a heavier punishment for defendant.Under the premise of ensuring judicial efficiency,we should take into account the justice requirements of criminal law.The fourth chapter discusses the identification of accomplished drug crimes.At present,most countries do not express the concept and standard of accomplished drug crime.Some countries,such as Germany and Japan,use "The presence of all constitutive elements of a crime" as standard of accomplished offence.China's criminal law theory also adopts this standard,but it is often criticized for its "formalism" defects."The realization of criminal intent" and "The occurrence of criminal consequence" have made useful explorations on the problem of "formalism",but there are still insurmountable disadvantages.This article proposes to establish a substantial concept of accomplished drug-related crime.When taking police encouragement to detect drug crime cases,based on the inherent encouragement and risk characteristics of the method,it is proposed to adopt a mixed standard to identify criminal accomplishment or criminal attempt.The fifth chapter studies the difficult problems in the recognition of cognizance of joint offence.In judicial practice,there is a dispute about identifying Joint offence form.This article analyzes the connotation of "joint intent" in the joint crime.And points out that common intention is the prerequisite for the establishment of joint crime,and joint will is the decisive factor for the establishment of joint crime.The content of reaching consensus is a necessary condition for the establishment of a drug co-crime.This paper studies the objective elements of attribution of liability and points out that causality is the basic element to judge the accomplice behavior.The prevention obligation is the core element of surplus behavior of joint crime.Restrictive application is the key factor to solve the Knowledge punished as the accomplice.The sixth chapter studies the identification of the quantity of crimes.This paper focuses on the identification of the number of crimes related to alternative charge.It answers questions about how to determine an actor has performed two or more acts against the same case or the different case,and how to identify smuggling,trafficking,transportation,and manufacturing.Judges have questions about dealing with drug crimes by using implicated crime theory in practice.This paper analyzes the structural characteristics and judgment standards of implicated offence,and put forward a new idea of not using the concept of implicated crime to solve the problem of quantity of crime.This paper determines the principle of sentencing on the basis of the most serious crime of maginative joinder of offenses.