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Research On Punishment And Prevention Of International Drugs Crime

Posted on:2005-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2156360122999460Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
International drugs crime is famous for being named "world pestilence and community pollution". And it has detrimental effect on political stability, economic increase, civilization development and the life of people. In addition, it brings more and more harm to the community. The international community and the governments have made great efforts against it. But the reality is cruel, all over the world the rate of international drugs crime is more and more higher instead of elimination because of the existing problems on legislation and jurisdiction in the actions against international drugs crime. So the writer tries to analyses the situations of crime, legislation and jurisdiction to summarize the existing problems in the clauses opposing it. On the above basis, the writer is ready for improving the measures of punishment and prevention against it from the perspective of law in order to fight against it. Part one puts emphases on the situation of international drugs crime from three perspectives of crime, legislation and jurisdiction to analyses the cruel situation facing the world. At first, as we know, international drugs crime is growing internationally through internet, armful and concealing from the existing situation. It has not only done direct and serious harm to the health of drug addicts, but also hindered the economic development, political stability and the development of community. This has become one of the most serious problems which are threatening the peace and safety, civilization and development. Secondly, at present the international community and the governments have come to the agreement on the serious harm to the existence of human being and the transnation of international drugs crime in the legislation situation. So they begin to place great emphases on international and domestic legislation. Now there are four effective agreements on international drugs crime which constitute an independent and perfect legislation system that brings the legal grounds on the international cooperation against international drugs crime. At the same time, during the continuous fights, the governments have took more and more serious punishments and stipulated the scope and the act pattern of international drugs crime, and formed gradually a legislation system. At last, the international community has made a series of international agreements and set up the supervisory organization against international drugs crime. The regional organization has made the responsive tactics. And the governments have improved the domestic law and necessary measures to fight against it.Part two focuses on the punishment and prevention and analyses the substantive measures and the procedural measures. This part emphasizes that though the uses of these measures have made great effect, the rate of international drugs crime is still increasing. Therefore, it is necessary for us to discuss deeply the more effective measures against it . And when we use the exisiting advantageous means, we must seek the new ways and strengthen the organization and measures in order to realize the effect prevention finally.At first, as far as the substantive measures are concerned , they include the principle of penalty and the system form to look into the criminal responsibility and the special methods of tracking down the international drugs crime . Concretely, they include stipulating severe penalty and the confiscation system, emphasizing on the measures of replacement and supplement, controlling the parole strictly, prolonging the limitation of prosecution and not being looked on as economic and political crime. In addition, these substantive measures universally embody the more serious spirit which reflects the determination of human being fighting against international drugs crime. Secondly , as far as the procedural measures are concerned , they include mainly criminal jurisdiction , extradition and judicial assistance , and so on , which stipulate completely in the 《Agreement 1998》. Part three explains mainly t...
Keywords/Search Tags:International
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