Analysis Of Difficult Problems Of The Manufacturing Drugs Sin

Drugs are addictive,poisonous and illegal, not only can damage the smokers’ bodyhealth seriously, make the infection of infectious disease and harm the life, even candamage the nervous system, therefore cause psychotic symptoms.They will alsoreduce the working ability of smokers, make family economic income decrease,reduce the standard of living of the family members, and then make the country lost alot of labour, influence of various industries for steady development, impact on thecountry’s normal economic order.More seriously, drugs often cost a lot, smokerswould go to illegal road to raise the money, especially embodied in economy engagedin illegal crime activity, smokers in the effects of drug will lose the normal sense andthinking function, may therefore lead to all kinds of abnormal behavior, andespecially the happening of the illegal behavior.So, contain, reduce and eventuallyeliminate drugs, is the common desire of the peoples over the world, fight of drugsbecomes China’s judicial authority’s tough task,the anti-drug struggle of against drugsand the punishment of the drug crimes is beneficial ever-lasting.And manufacturing drugs behavior is the drug crime "portal" behavior, it makes drugsto produce or improve the utility, provide premise and may for the subsequent otherdrug crimes.It is the mother of other drug crimes, need to severely punished by law.And with the development of the social economic life, the concept of manufacturingand process will constantly grow and change, by chemical synthesis, stack of newdrugs emerge. This new class of drugs’ production cycle is short,large output andmore harmful,they have direct violation on human brain, create irreversibledamage,have great social harmfulness. Therefore,the behavior of the manufacturingdrugs, especially new drugs, should be paid more attention by criminal law theoryand the practice world.But the concept of drug and manufacturing drugs sin, unit crime form, objectivebehavior way, the standard of unfinished form and sentencing are not getting enoughattention from the criminal law theory and the practice world. The authors presentsome scholars point to the above questions and list some comments to grasp the drug concept and put forward that the manufacturing drugs sin is the behavior that makesdrugs to produce or improve the utility when the actor doern’t have the productionqualification or beyond the scope of the state licensing. And then, based on this newdefinition, the author determined three kinds of situations of the unit crime form,discuss some particular behavior whether to have manufacturing properties,analyzesthe form and the punishment way of the sin,and suggest abolish death penalty. Finally,I think manufacturing drugs sin should be provisions for crime alone,to be differentfrom other drug crimes and follow the basic principles of responsibility of suitablepunishment.The paper has4chapters:Chaperter One:the conception of drug.In this part,I analyze the drug’s conceptions in the the international convention andlaws of our country.then,I emphasizes that under the situation of the frequency ofnew-type drugs,the way of list cann’t define the concept of drugs accurately.so I thinkthe concept of drugs is that drugs are the addictive and poisonous medicine,not beproduced, circulated and used with medical and scientific purpose. Then,I explains thesignificance of the concept of drug research.Chaperter Two:the logic of the concepts of manufacturing drugs sin.First,I introduce the five kinds of concepts of manufacturing drugs sin, indicate thatthere are two Logical clues and the second one is more appropriate.so, I think themanufacturing drugs sin is the behavior that makes drugs to produce or improve theutility when the actor doern’t have the production qualification or beyond the scope ofthe state licensing.Chaperter Three:detailed analysis of the difficult point of the sin.In this part,I have the detailed analysis of the difficult point of the subjectrequirements and objective elements of This crime.then,I analyzes the properties ofpurify, dilute,mix, subpackage and mingle.Chaperter Four: the unfinished form of the crime.I appeal the practice department to pay attention to the unfinished form of the crime.Then I analyze the form and the punishment way of the sin. Chaperter Five:the position and the difficult problems of the crime’s sentencing.I think the law should be altered, because the existing legislation mode is notreasonable and the death penalty is overserious. Finally, I think manufacturing drugssin should be provisions for crime alone,to be different from other drug crimes andfollow the basic principles of responsibility of suitable punishment.