Analysis Of Drug-related Crimes

97 Criminal Law includes comparatively complete drug crimes, which provides nearly complete criminal laws to crack down on drug crimes and is helpful to exercise principle of a legally prescribed punishment for a specified crime. The reasons that lack of the further legislative interpretation and the incompleteness and the delaying of laws caused the delinquency facts which the same drug crimes had different punishments in different law courts. The existence of phenomena not only declined the authority of the criminal laws, were but also harmful to the fulfilling of principle of a legally prescribed punishment for a specified crime. The criminal laws have to improve to accord to the developing and varying of the great harmful drug acts. The existence of the controversy of the drug crimes in the basic theoretical problems is harmful to the study and development of drug crimes and guiding to the judicial practice. It's necessary to further discuss the basic theoretical problems and practice problems because of the existence of the problems above.In order to assure the consensus of the drug crimes in judicial practice, improve criminal laws legislation ,and enforce the study of drug crimes, this paper will discuss these theoretical and practical problems of the drug crimes: Problem One, on the object of the drug crimes: the paper supports the viewpoint which the object of the drug crimes is simple object of crime between the viewpoints of simple object of crime and complicated object of crime, and it is the relation to the regulation by government. Problem Two, the target of the drug crimes: Paper supports the viewpoint that drugs and drugs criminals are the target of the drugs crimes on the discussing if drugs and drugs criminals were the target of the drug crimes or not, because persons or materials being legal or illegal is meaningless to judge the fact that they were or not. The key point to judge a person or a piece of material if they are the target of the drug crimes is that if he (she) or it reflected the social relation which was protected by criminals and destroyed by an actor in a crime. Problem Three, on smuggling, manufacturing, transporting and peddling drugs crime rule: One is the number of this rule. Among the viewpoints that the rule should be only one crime, twoand four crimes, the paper supports the first one that is, this rule contains only one crime. The second is explaining and defining the meaning of the conducts on smuggling, transporting drugs; describing the difference between the transporting drugs conduct and the illegal possessing drugs conduct: the most important point is the conductor's aim ,not his( her) state ( stillness or motion). Problem Four, the discussing on the conducts which have not been enacted by the criminal laws nowadays: One is that if the conduct of taking addictive drugs should become crimes. The paper takes the negative attitude to it. The second and the third ones are the suggestion on legislation: Introducing others to get and use drug crime, and selling the prescribes of manufacturing drugs crime should be added to Criminal Laws to improve it and make it approach to Criminal Law International.