On The Crime Of Illegally Possessing Drugs

Crime of Ilegally Possessing Dugs is a crime that was established in "On the Decision of Drug Control" in Decembei 28^th 1990,made bu NPC Standing Committee,and this crime was included into the new amended Criminal Law in 1997.The criminalization of illegally holding drugs had the reason of reality,and practice and value foundation.At the same time,it also use the experiences of legislation of other countries and internation.Under this background,the birth of Crime of Ilegally Possessing Dugs meet the needs of practice and attain the purposes of cracking down drug related crimes,protecting people's interest and rights and safeguarding the society.However,because of the particularity,especially the particularity of Crime of Ilegally Possessing Dugs,there are many problems in determining the subjective and objective aspect of crime,such as "possess" and form of sin.There are also a great many of judiciary practice staff puzzled by some difficult problems,for example,the distinction of Crime of Ilegally Possessing Dugs,and other drug related crimes,the determination of people who take in or inject,and take in and smuggle drugs possessing drugs,the treatment of stealing,pillaging and robbing drugs and so on.This paper mainly use the method of linking the theory with practice and historical and evolutive standpoint to research.The autor will comb and analyse the related difficult and focal point in the theory and practice,put forward his views to some problems,hoping the readers have further understanding to Crime of Ilegally Possessing Dugs,and provide reference to judicial practice.The main content of this paper is as follow:Partâ… ,the conception of Crime of Ilegally Possessing Dugs.Scholars have many understandings to the conception of Crime of Ilegally Possessing Dugs.The author chooses several opinions representative,analyses from "illegal",subjective aspect of crime and the intepretation of exemplary condition,points out the limitations of scholars' conception,and raises his own view:Crime of Ilegally Possessing Dugs is conduct that violates law and regulations of our country supervising drugs,and possesses useful quantity of drugs.Partâ…¡,the constitution of Crime of Ilegally Possessing Dugs.This part contains criminal object,objective aspect of crime,subject of crime and subjective aspcet of crime.The object of this crime is not complicated,but singal."Possess" is a form of conduct,not state,that is,to hold,carry or conserve drugs,or control,dominate drugs in other ways.This crime is one that general subject can convict,and "knowledge" should be assuranced from aspects of suspects.Partâ…¢,demarcations between Crime of Ilegally Possessing Dugs and non-crime,Crime of Ilegally Possessing Dugs and other drug related crimes.From the two standards about crime and non-crime in academic circle,the author integrates the reasonable point of the tuo views,and comprehensively consider from three aspects:the quantity of illegally possessed drugs,whether the suspects acturally know,whether his qualification of holding drugs is legal. The relationship with other drug related crimes mainly refer to Crime of Smuggling,Trafficking,Transporting,Manufactoring drugs and Crime of Harboring drugs.The author believes the most important difference between Crime of Ilegally Possessing Dugs and the two crimes is the subjective aspects of crime,in other words,the former is possessing knowingly,but it has diversity of motivation and purpose that cann't be verified,the latter two crimes are with clearly-defined purpose,and then the difference of conduct in objective aspects of crimes.But wo still ought to take criminal object,whether it is offence of amount or offence of conduct into count.Partâ…£,several puzzle problems in judiciary practice about Crime of Ilegally Possessing Dugs.The author primarily sums up four aspects:from the provisions of law,the legal balance,perspective of reality and hazard,the author thinks people who take in and inject drugs should convict,but only when they possess useful quantity;of people taking in drugs depending on trafficking drugs,there is evidence that they have carried out other drug related crimes should be understood that there is sufficient evidence for proving that they implemented trafficking drugs,which they have used the rest of drugs themselves they possedding.The author refutes other views from cognizance of evidence,standard of proof,the characteristics of taking in drugs depending on trafficking drugs,the features of Crime of Ilegally Possessing Dugs;to possessing countfeited drugs,we should consider whether they have recognization to the drugs possessed.If they don't know,it can only be attempt of crime.If they know what they possess is countfeited drugs,but just for "flaunt their riches",it is not crime.If they trafficking countfeited drugs as real,it can be constituted crime of fraud;of stealing,pillaging and robbing drugs,specific issue,concrete analysis.