The Research On Problems And Improvement Of Drug Recommitments

As we all known, the drug-related crimes are very harmful to the society, drug-related crimes are the most serious international crime only next to terrorism,which attract attention from all the countries and regions. In recent years, drug crime in China has increased rapidly, threatened mental and physical health of the people and social peace, and resulted in lots of other crimes at the same time. Our country is making unremitting efforts to reduce and prevent drug crimes, and achieved many positive results. In order to severely punish drug-related crimes, the criminal law stipulated in the 356th article states,"Those who had been punished for smuggling, trading, transporting, and illegally manufacturing narcotics, and have committed this crime again, will be severely punished."From the view of law-making, the thesis investigates the actuality of drug recommitment in our country, and discusses its connections with and differences to recidivisms of other ordinary crimes and recidivism of crimes of offences against state security, then gives the suggestions that create the drug recidivist in the Criminal Law which in accordance with present situation of drug crime of our country based on drawing lessons from foreign law-making and fulfillment. There are four parts and more than 20,000 words in the thesis.The first part: Drug recommitment,the development and actuality of its legislation. In this part, firstly we make the general introduction of the 356th article of the criminal law. Next, we introduce the background information of its legislation and the constitution condition and its application. Moreover, the thesis discusses its connections with and differences to recidivisms of other ordinary crimes and recidivism of crimes of offences against state security.The second part: The limitations of drug recommitment criminal legislation. There are many limitations and the shortage existed in penalty system. There are limitations in legislation of drug recommitment. There is a clash between drug recommitment and criminal policy, criminal basic principle and criminal general rules. This thesis starts from the theoretical discussion of this stipulation, does some research on the problems with the application of laws against recidivisms of drug-related crimes. Provisions of drug recommitment of the criminal law are not careful and deep, such as: the time condition of drug recommitment is too long that it is difficult to judge.The third part: The limitations of drug recommitment criminal application. There is a clash existed in application that it is difficult to judge. The 356th article of the criminal law does not make specific provisions to how to convict and sentence, which causes difficulties in the judicial practice.The fourth part: The perfection of criminal legislation and application of drug recommitment. Accusation system's improving and perfecting will be discussed in three aspects. The first one is discussing its necessarity. The second one is discussing feasibility. At last, according to these shortcomings, the thesis puts forward several proposals to improve this article, in short, abolishes the criminal article of drug recommit.