Some Issues Of The Judicial Compensation System Under The Vision Of Human Rights

With the deluge of the crimes concerning narcotic drugs in China, the defects of the corresponding criminal laws have begun to surface day by day, and moreover crimal legal thoeories on how to cognize and punish the correesponding crimes regarding vending narcotic drugs often contradicts each other and calls for an better unified understanding .The author posits that the "vending harful drugs" in the sense of criminal law should be interpretted as the conducts of unlawful negotiation of harful drugs. As to the conducts of vending narcotic drugs by minors who has reached the age of 14 but not the age of 16, the application of punishment can differ with different occasions of criminal conducts, all of which deserves to be cognize as crimes. The constitution of the crime of vending narcotic harmful drugs does not necessarily call for and requirement of " an intention of making profit". The cognizance of the completion of and discontinution of a crime of vending narcotic harmful drugs lies in the criteria of the narcotic harmful drugs sold out or not, without the necessity of taking into the factor of making profit or not. As to conducts of vending narcotic drugs through go-betweens, the cognizance of a crime calls for an comprehensive judgement of the subjective aim and objective conducts by the go-betweens and the corresponding results. As the specialities involeved int the deals of narcotic drugs, those that fall into the categories of conducts promoted by criminal intention should be excluded from crimes. The quantity and pureness of narcotic drugs should also be taken into consideration as a crime of vending narcotic drugs is to be cognized.