On The Probation For Drug-related Crimes

Drug-related crimes have been regarded as one of the most serious crime, also harm extremely serious worldwide crime. Drug-related crimes can not only causes the loss of social wealth, and the social members, but also caused serious damage to other types of crimes, which causes damage to the social order. Therefore, all countries in the world on drug crimes and suitable for more severe punishment, and sometimes lead to ignore the drug criminal investigation and the size of the vicious subjective justified and lawful rights protection, and depend on the punishment power and ignore other ways of punishment. This thought to drug-related crimes should adopt high-voltage and using such punishment on probation, namely, combining with the guidance of the detection principle, the maximum penalty and punishment measures to achieve the effective, education, and to prevent drug crimes. The article is divided into four parts:The first part of Chongqing part, through empirical research, drug case analysis of drug cases punishment for crime and drugs characteristics of probation reasons for the low pass rate and the negative impact .The second part, analyzes the basis for drug crimes probation. I think drug-related crimes based on probation for three main namely the criminal policy, leniency trend and basic principles of criminal law, and discussed the concept and principle of related with drug-related crimes probation applicable relationship. First, the analysis of current our country criminal policy of "tempering justice with mercy" era background and its important role for drug-related crimes, which provides support for probation. Secondly, points out that the leniency principle is the product of human rational choice, is also a kind of trend of development of punishment, leniency reflects the humanitarian spirit and safeguard human rights, it matches the probation applicable for drug crimes provides ideas support. Again, Chinese criminal law definitely prescribes through analyzing the principle of a legally prescribed punishment for equality principles of criminal law, the principle of legality and adapt to the connotation, basic principles of criminal law applicable for drug crimes probation provides criminal law principle of support.The third part is analyzed respectively, the process of drug crimes shall be suspended for noticed several special problems. First, analyses the elements for drug crimes probation, for this problem for drug-related crimes probation significance. Second, the analysis of the special subject for punishment in accordance with the probation that should consider when applicable conditions for probation. Analysis of the three main reasons for drug-related crimes, and pointed out the main categories of suspension for the necessity and important meaning. At last, we analyze the process of drug crimes shall be suspended for attention of other problems. Suggestions on drug crimes takes a special probation investigation organ and personnel, increase the community welfare labor and employment etc. See the contents and the comprehensive consummation criminal drug related procedures for probation, so that the system can fight with drug-related crimes in the process should play a role.The fourth part, legislation. This article mainly analyzes the part of drugs again and 365 relations between the recidivist recommend legislation and later in this legislation process, also suggest perfecting relevant procedures for drug-related crimes, increase the operability probation.