The Research On Drug Crime In Judicial Practice

Drug crime does harm to one physically and psychologically.Furthermore, it seriously destroys social order and endangersnational security and stability. In Shanghai, recent years witnessthe drug crime ever-increasing. Meanwhile, drug crime has presentedsome new trends or features, such as the mutilation in committingdrug crime, the increase of quantity of drug and new tapes of drug.Because nowadays the law and regulations on drug crime are not verycomplete and there're still some disputes on it, it is unavoidablefor us judges to meet with some problems when judging such cases.So in my paper I take some problems emerging from judicial practiceas a beginning, then analyze and study drug crime in the method oflinking theory with practice. My paper is divided into four chapters. That is to say, I study 1on drug crime from such four respects as follows: the subjectiveside of the person who commits drug crime, the quantity of drug,the way to detect drug crime and the criterions of judging new kindsof drug crimes. Chapter One focuses on the subjective side of the person whocommits drug—trafficking, hiding or making .That is to say, whathe or she thinks in mind when committing drug crime is the key pointin this chapter. After analyzing the subjective side of behavior,I find something that distinguishes this kind of crime from thatone, something that judges a behavior violates criminal law or not. Chapter Two pays attention to the issue on the quantity of drugwhich is mainly about how to punish one who just selling minimaldrug, how to calculate the quantity of drug in some special kindsof drug-trafficking and the relation between the quantity and thepurity of drug. In this chapter, I try my best to declare thatalthough the quantity of drug is indeed very important to judge abehavior violating criminal or not, just to stress quantity whileturn blind eyes to the danger and harmfulness of drug crime tosociety maybe result to the undue of judgment. The key issue in Chapter Three is how to use some specialways to detect cases on drug crime. Given that drug crime has itsown features, I confirm at the beginning of this chapter that itis useful and necessary to use "courageous" way to detect such casesand then express that such way isn't forbidden by law from the aimof this detective method. But at the same time, I present my own 2judicial assessment on the fact that such detective way will pushperson to violate criminal law, which is naturally forbidden by law.So I put forward some resolution to judge such cases. In the last chapter, Chapter Four, given the appearance of someNEW kinds of drug crime, I put more discussions on the reason whythe law-making on such kind of crime seems out of date. Apart fromthat, I analyze the advantage and disadvantage of any criterion injudge such cases and then put forward some suggestions to law-makingin the future. Of course, I notice that due to the fact that I have beenengaging in judicial practice for a long time, my paper maybe focuson the study on practical side of drug crime. While as to the theoryon criminal law, my paper seems to be not very deep or complete.Here I expect that I can get advices and words from professors inorder to courage me to have more study on drug crime and then witheffort to make the judging better and better.