Illegal Possession Of Drug Offenses

Being regarded as the sources of all evil things, drug-related activities can not only induce a large number of criminal and security incidents, which disrupt the social order, but also lead to a series of serious social issues. With the speeding up of China's reform and opening up, drug-related crimes have become more and more rampant in our country.Illegal possession of narcotics is classified as an independent crime in drug-related crimes; however, it is relatively difficult to define such a crime in practice because of the special nature of such crimes, insufficiency of legislation as well as lacking of academic studies in this field. Therefore, a fundamental research on the crime of illegal possession of drugs is carried out in this dissertation.This dissertation is divided into four parts: in the first part, an overview is carried out on crime of possessing drugs, in which the necessity of legislation for this type of crime is analyzed. The overview sets up a foundation for the study of the crime of illegal possession of drugs in this paper. In the Second part, an in-depth study is made on the crime of illegal possession of drugs from different aspects, such as the concept of this type of crime, constitution, characteristics, principle of attribution, legislative history and legislative assessment. In addition, author's own opinions are given on a number of controversial topics. In the third part, the judicial determination is made on the crime of illegal possession of drugs. A comprehensive analysis is carried out in such aspects as the recognition of guilt or not for illegal drug holders, judicial determination on holders of fake drugs, differences between the act of illegally holding drugs and that of hiding drugs, juditial determination of the act of trafficking drugs for the purpose of using drugs, judicial determination of the act of purchasing drugs on behalf of other persons, and so on. In the last part, based on the deficiencies regarding the current legislation and judicial practices, this paper discusses the defects about the legislation of the crime of illegal possession of narcotics and provides suggestions on further improvements in this respect.To conclude, this dissertation has provided relatively distinct views in the following areas: the nature of the act of possessing drugs, the criminal status of the act of illegal possession of drugs, the principle of attribution, the differences of such crime with the other drug-related crimes, and so on. It is expected that this dissertation will help further research and practical works on areas of drug-related crimes.