The Defects And Perfection Of Criminal Legislation On Drug - Related Crimes In China

Since 80's in 20 centuries, international criminals of illegally selling drugs using reform opens of our country, continuously transport drugs to the international drug market passing our country. The drugs which pass our country stimulate the growth of the consumption and production of drugs. To the last phase of 20 century, our country had already been a country suffered from drugs which keep passing, consuming and producing drugs all. Currently, drug crime becomes increasingly rampant, and presents power of spreading. The crime means tend to be intellective and armed, the society harm becomes bigger and bigger. The drug crime has become a global puzzle, The mission of striking to drug crime is heavy and the way is far. From the aspect of lawmaking this thesis investigates the actuality of drug crime in our country, and points out the existent shortage in the crime lawmaking of our country drug based on drawing lessons from foreign lawmaking and fulfillment and then gives the suggestions. There are four parts and more than 30, 000 words in the thesis.The first part: Drug crime, the development and actuality of its legislation. In this part firstly we summarize the development stage and main character of drug crime in China. Next we introduce the development and actuality of domestic and international legislation.The second part: The interpretation of Anti-drug law. The interpretation of Anti-drug law contents six aspects. The first one is that focusing on prevention, and "four simultaneous ban" is the overall anti-drug policy. The second one is that the anti-drug publicity and education is the most fundamental. The third one is providing a comprehensive drug control measures. The fourth one is providing a targeted drug measures. The fifth one is strengthening international cooperation, and the last one is improving Liability provisions.The third part:The limitations of drug crime criminal legislation. The penman introduces the limitations of the system of names of drug crime and criminal penalty. There are many limitations in the system of names of drug crime .The first one is that there are some questions in the crime of transporting drug. Putting the crimes of transporting drug, smuggling drug, selling drug and manufacturing drug in the same criminal article and establishing the same penalty will cause crime not appropriated to penalty. There are different points of "transporting" in the judicatory practices. Secondly, the penalty of the crime of possessing drugs is higher than the crime of hiding drugs, that causes heavier penalty of crimes which maybe do not exist. Thirdly, the crimes of hiding, transferring and concealing drugs are not established reasonable, because it expel hiding, transferring and concealing drugs for the criminal which possess drugs outside of itself, which causes unreasonable result in the judicatory practices. And the forth limitation exists in the provisions of Article 350 of the Criminal Law. There is no provision neither of the illegal producing natural materials, preparation for manufacturing drugs nor of the smuggling, illegal trafficking and illegal manufacturing instrument and equipment for manufacturing drugs. The fifth limitation exists in the provisions of Article 353 of the Criminal Law. Specifically, there are many limitations existed in penalty system too. Firstly, there is limitation in legislation of drug recommitment. There is a clash between drug recommitment and drug recidivist. The time condition of drug recommitment is too long that it is difficult to judge. Secondly, the provisions of the amount of drug crime are imperfect. Thirdly, the provisions of the heavier punishment of drug crime are imperfect. Fourthly, provisions of money penalty of the Criminal Law are not careful and deep. For example, the provision of money penalty and property confiscated of the Criminal Law is not specific and provision of the property acquired recovered is imperfect. There are also some limitations existed in Anti-drug law. The Anti-drug law adds several new criminal acts, but 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 of drug crime .Accusation system's improving and perfecting will be discussed in five aspects. The first one is canceling crimes of transporting drug. The second one is improving crime of illegal holding drugs and a new interpretation of crime of illegal holding drugs and reducing the legal punishment in order to respond to the harmfuiness of holding drug. The third one is remodifying the component parts of crimes of harboring, transferring and concealing of drugs. The forth one is that we should perfect the provisions of Article 350 of the Criminal Law. We suggest that the imputation should change into illegal smuggling, illegal trafficking and illegal manufacturing of materials for manufacturing drugs. And we point out that the materials for manufacturing drugs include the natural materials, preparation, instrument and equipment for manufacturing drugs. Fifthly, Put the crimes of cheating another person into drug and forcing another person into drug in the same criminal article and establish the same penalty. Properly advance the penalty of the crimes of luring, inciting, cheating and forcing another person into drug. The perfection of the system of criminal penalty express: Firstly, abolish the criminal article of drug recommit. Secondly, assurance the amount affirm standard of new drugs, perfect the provision of the drugs purity, and assurance the amount affirm standard of different kinds of drugs. Thirdly, perfect the criminal provision of grueling drug crime. Add the provision of "person who carry on drug crime in teenager's movable place or education organization and frontier region, point commercial center should be heavier punished" first; The second one, add the provision of "person who use and incite nonage people to smuggle, make, illegal business the goods used to make drug should be heavier punished"; The third one, add the provision of "person who use the pregnant women to carry on drug crime should be heavier punished"; The last one, strictly restrict the parole and commute sentence applies to the drug crime members. Fourthly, perfect the application of property penalty of drug crime. Perfect relevant lawmaking of confiscation property penalty , appropriately enlarge the application scope of confiscation property penalty, and perfect the system of track capture of property penalty. Fifthly, Put the crimes of cheating another person into drug and forcing another person into drug in the same criminal article and establish the same penalty. Properly advance the penalty of the crimes of luring, inciting, cheating and forcing another person into drug. The perfection of the system of criminal penalty express: Firstly, abolish the criminal article of drug recommit. Secondly, assurance the amount affirm standard of new drugs, perfect the provision of the drugs purity, and assurance the amount affirm standard of different kinds of drugs. Thirdly, perfect the criminal provision of grueling drug crime. Add the provision of "person who carry on drug crime in teenager's movable place or education organization and frontier region, point commercial center should be heavier punished" first; The second one, add the provision of" person who use and incite nonage people to smuggle, make, illegal business the goods used to make drug should be heavier punished"; The third one, add the provision of person who use the pregnant women to carry on drug crime should be heavier punished"; The last one, strictly restrict the parole and commute sentence applies to the drug crime members. Fourthly, perfect the application of property penalty of drug crime. Perfect relevant lawmaking of confiscation property penalty , appropriately enlarge the application scope of confiscation property penalty, and perfect the system of track capture of property penalty. The perfection of the Anti-drug law express: Some new provisions of the criminal acts in the Anti-drug Law should be adopted in amendment of the Criminal Code in order to give detailed provisions.