The Quantity Of Drugs In Drug-related Crimes Rational Thinking

World in the nowadays, the drug-related crime problem spread unchecked, being to compare is severe according to the drug-related crime serious harm , every country strike to drug-related crime. In the course of the fight against drug-related crimes, the amount of drugs play an important role in their conviction and sentencing of drug-related crimes have an impact. Therefore, the number of drug-related issues, we should be handled carefully. The main body of a book is discussed together mark except the foreword for four the following parts have been in progress to this one problem:Part I: at home and abroad on the relationship between the quantity of drugs and drug-related crimes legislation overview. Mark is two parts. The first part describes the quantity of drugs in foreign countries on the relationship between drug-related crimes legislation overview of these presentations, describes the quantity of drugs in drug-related crimes in foreign countries has played an important role. The second part of the China's "Criminal Law" in the number of drug-related provisions of a detailed analysis of the quantity of drugs for drug-related criminal conviction and sentencing of impact.Part II: the number of drug-related crime and drug-related crimes in the relations between the legislative and judicial problems in China. Mark is two parts. The first part describes the quantity of drugs involved in our legislation when the existing problems. First of all, that my drug is not in terms of purity of this provision led to imbalances in sentencing the perpetrator, and by analyzing the case to that effect. Secondly, this section also describes a new type of drug-related issues, noting that China's laws in light of the lack of new drug programs or conversion formula. The second part describes the judicial practice, the quantity of drugs involved when the problems. First of all, pointed out that the only quantity theory would lead to the perpetrator sentencing imbalance, citing specific cases to illustrate. Second, the introduction of drug-related crimes in the temptation to take the need for investigation and in such cases the quantity of drugs found on the existence of different standards issues. Part III: Construction of a reasonable number of drug-related crime and drug-related crime pattern of relations proposals. Corresponds with the second part, this part is also divided into two parts. The first part is to improve the quantity of drugs involved in the legislative proposals. First of all, for the purity of drugs issues, describes the positive and negative, said that the two doctrines reasons. By describing the drug-related crime to take into account the need for purity, this article suggests that in our country, the purity of drugs as a drug-related criminal penalties or reduce the statutory mitigating circumstances. Second, the lack of reference for the new drug program the problem, the proposed introduction of judicial interpretation in the form of "drug conversion table." The second part is a judicial practice, when the quantity of drugs involved in the proposal. First of all, for only the number of theory, proposed imposition of a sentence should not allow the quantity of drugs, but also consider the cases and sentencing in the other relevant circumstances. Second, the temptation to investigate the number of cases identified, divided into three kinds of situations to deal specifically with."Mens rea to lure " the perpetrator can not be found to constitute a crime, the number of drugs found not to be necessary. "Quantity to lure", the should be based on the quantity of drugs involved rather than the perpetrator intended to identify the number of trafficking, but should be punished more leniently. "Passive lure of investigation", should be based on the actual quantity of drugs seized to found, should also be punished more leniently.Part IV: the number of drug-related crimes in the judicial determination of a number of special problems. Mark is five parts. The first part of the analysis of the "Penal Code" Article 347, paragraph 1, and the "Criminal Law" Article 13, 37 the relationship between that of smuggling, trafficking, transporting and manufacturing drugs, regardless of quantity, should be held criminally responsible, to be criminal penalties. The second part of the total for the same kinds of drugs, heterologous aggregate of drugs and the "untreated" has made the identification of specific discussion. The third section describes the implementation of various acts of drug accumulated. Part IV describes the repeated sale of drugs and drug trafficking to support loss and absorption of drugs in three special cases of the number of drug finds. Part V describes the trafficking, transporting and manufacturing drugs in cases of attempted identification of the quantity of drugs.