Recidivism And Drug Offense Competing Treatment Methods Research

Article 65 of the Criminal Code provides general recidivism system and Article 356 provides repeat drug system. Generally, the above mentioned two don't have coincidence, but there is an exception, that is, when a drug-related crime can both be defined as recidivism and drug offense as well, confrontation of application will arise. Such confrontation easily leads to confusion in the judicial practice. Local judicial practice shows that many of the court's decisions on this issue of the application of the most suitable law are different. In April 2000, the Supreme People's Court pointed out in Summary of the Working Seminar on Drug-related Criminal Cases that when a defendant who commits recidivism and repeated crime, the court should impose heavier punishment by applying Article 356 of the Criminal Code for repeated crime without the quotation of the article of recidivism. In 2008, the Supreme People's Court demanded in Summary of the Working Seminar on Some Courts'Trials on Drug-related Criminal Cases that when coincidence of recidivism and repeated drug-related crime arises, heavier punishment for the both should be imposed. The author of this paper holds that though the two provisions have solved the application of laws in practice, they go against the original idea of the legislation of the Criminal Law. Therefore, by analyzing and commenting three perspectives, this paper tries to find a more reasonable solution to coincidence of recidivism and repeated drug-related crime.This paper falls into six parts, about 16,000 words.Part One: the cause of action—Wang trafficking in narcotics.Part Two: a brief history of drug trafficking Wang and court judgments.Part Three: the focus of the case—mainly related to recidivism and drug recidivism actually timely treatment.Part Four: controversial views and reasons—there are aggravating repeated claim, others favor a general provision dealing with repeat offenders, there are claims handled by drug recidivism provision.Part Five: the legal analysis. The article first analyzes the recidivism and drug conditions for the establishment, both the similarities and differences, and the basic theory of Lapping of Legal Provisions in the Criminal Code, as later in the bedding, then, the article repeat the aggravating point evaluated, that the violation the "No Repeat evaluation principles," and finally, a single point of aggravating a choice, that if the perpetrator committed the crime before the smuggling, trafficking, transporting, manufacturing, illegal possession of drugs, drug offenses committed after another, if they meet the recidivism The punishments for the crime of conditions before and after the two were sentenced to time on the condition that upon completion of sentence or pardon, and other regulations within five years, you should first apply the provisions of recidivism, recidivism if you do not meet the conditions, then the first application of criminal law 356 provisions, be punished severely.Part Six: conclusion. Wang had been sentenced because of drug-related crime penalty, then there are drug-related crimes, Wang's dangerousness is very high, and constitute recidivism plot, Wang should be punished severely in accordance with recidivism, and may not apply to probation and parole.