On The Crime Of Illegal Possession Of Drugs

Illegal possession of drugs is an independent crime among drug crimes. It is very difficulty to determine the commission of this crime because that the facts about this crime is very simple in the criminal law of PRC, and few criminal law scholars pay attention to this crime in China. The author wants to impel scholars to study on this crime through discussions of this crime in this thesis. After introducing briefly the main harm of the crime of illegal possession of drugs and the concerned contents with this crime of international convention and laws of several foreign countries, this thesis compares concerned articles among several countries' criminal laws. Then this thesis discusses such issues such as the relation between this crime and other drug crimes, the constitution of the crime of illegal possession of drugs in Penal Code of PRC, the definition of this crime, these various opinions about the objective elements of this crime. Based on these discussions, the author points out that the objective elements of this crime include the positive elements and the negative elements, and so do and the subjective elements of this crime. As on the issue to determine this crime, the thesis discusses other issues such as the amount, the kind of possession, the time need of possession, the once-existing possession of drugs, possessing drugs jointly, taking drugs. As the gravity of penalty of this crime depends on the amount of drugs, the author points out that we should distinguish various kind of possession, and we should determine the amount of drugs according to various circumstances. Finally, this thesis discusses the drawbacks of this crime in Penal Code of PRC and the ways to better the concerned articles, and propose that the concerned articles be amended.