Ananlysis On Drug Manufacturing Crime As Well As Provisions Of The Criminal Law Of The People’s Republic Of China, Article357

Crimes of drug manufacturing are stated in article347in Criminal Law of the People’sRepublic of China, paralleling smuggling, trafficking, as well as transporting drugs. Commonproblems of practicing justice concerning this kind of crimes are as follows: definingstandards of the criminal patterns of drug manufacturing crimes, how to determine the natureof the drug purity, and how to identify the quantity of the drugs. Both academic circles andpractitioners have launched discussions from different angles over these problems and haveacquired great results. In modern society, new methods of crime commitment emerges due tothe rapid progress of science and technologies, the increasingly spring up of medicine industry,as well as the popularization of the Internet. For example, some drug makers use the “NewKangtai Ke”, which contains Ephedrine, as raw materials to produce drugs. Demands of themarket and the high profit margin drive the criminals to buy medicines which contain rawmaterials of making drugs, and then get real drugs through certain equipments andtechnologies to make more profit. From the perspective of drug manufacturing crimes, thispaper will deeply analyze its consisting factors, defining standards of the criminal patterns,identification of the quantities of the drugs and purities, and the correct conviction andmeasurement of penalties. Meanwhile, this paper will also do dissection from a novel point ofview of drug crimes, which includes the analysis of how to prevent drug crimes in aforward-looking way, to better fight against crimes, safeguard the state security, stabilize thesociety and protect the citizens.Apart from the abstract, introduction, this paper includes the introduction of the detailsof the case, focus point of the case and disagreements of opinions, and conclusions of theanalysis.Introduction: the analysis of problems concerning drug manufacturing crimes in thispaper is aimed at acquiring solutions while practicing this crime.Part one: introduction of the case which would be the detailed procedures of Wang andChen’s crime include personal profiles, motivations, procedures of drug making, opinions ofthe public prosecutors’, opinions of the accuser and its lawyer, and the court decisions.Part two: focus point of the case and disagreements of opinions which include the focusof dispute, disagreements of opinions and their respective evidences. Part three: Conclusions of the analysis.As the core part of the paper, this conclusioninclude the following5aspects:1) the determination of the crimes, that is, through thetheoretical analysis of both completed crime and attempted crime, hold that Wang and Chen’scrimes can be determined as completed crimes;2) problems concerning the quantity of thedrugs: analyze through the determination of both damaged and semi-finished drugs to fixproblems occurred in this case and determine the confessed36g drug. However, as for the59gpowder, crystal, and granules discovered at the scene, the determination should be calculatedbased on the mastered equipments and technologies of Wang and Chen;3) the purity of thedrug and the conviction and measurement of penalties: referring the conviction andmeasurement of penalties of the criminal law, the paper hereby conclude that no matter whatcriminal behaviors we are fighting against, we should first apply the principle of the crimecompatible with the punishment, and while evaluating the harmfulness the drug crimes haveon the society, we should take the purity of the drug into consideration besides the quantityand types of the drug. In this case, we should take the opinions of the two defendants and theirdefenders to analyze the confiscated54g powder, crystal, and granules, and if the contents ofdrug are tiny, then the54g should not be added to the drug manufacturing quantity to measuretheir conviction;4) modification suggestions on criminal law of China, article357: start fromthe setting system of the Law, drug crime detection, citizens’ legal consciousness, and theeducation and remolding of the criminals, this paper obtains the modification suggestionsconcerning the Criminal Law of the People’s Republic of China, article357;5) the preventionof drug crimes from a prospective perspective: explain methods of preventing new drugcrimes through network monitoring, certain medicine and chemical products monitoring,drug-resisting education of the public, and the accelerating of criminal lawmaking speed etc;6) opinions on the case: based on the above analysis and current law, put forward my ownopinions concerning this case.