The Punishment Range Of Crimes Of Sheltering People Taking Drugs

Shelter behavior is substantially a kind of helping conduct of drug-taking behavior. Under the context that drug-taking behavior has been decriminalized, it should be particularly cautious to bring shelter behavior into the regulation of criminal law. Given the undefined penalty scope of shelter behavior and the expanding tendency of punishment power, it is necessary to define the scope of shelter behavior reasonably.The reason why the shelter behavior being brought into the regulation of criminal law, is that the shelter behavior has violated or has the potential risk to violate social legal interest, or has the risk of harming social public health, or disturbing social public tranquility. In the judicial practice, the punishment scope of shelter behavior is too big, because we include acts which aren’t worth being punished into the regulation of criminal law, so it is necessary to limit the punishment range of shelter behavior. There are mainly four alternatives, including the "Proviso" in Article13in Criminal Law, anticipated probability theory, neutral helping behavior theory, and the punishable illegality theory.On the basis of analysis, it is strongly persuasive to apply the theory of punishable illegality to limit the penalty scope of shelter behavior, and it also coordinates with the provisions of the existing legal framework,In addition to the introduction and conclusion parts, the article is divided into four chapters:The first chapter mainly introduces the shelter behavior, including shelter behavior concept, shelter behavior definition and the classifications of shelter behavior, etc.The second chapter discusses the punishment of shelter behavior, using "the theory of violating legal interests" to demonstrate the legitimacy of making shelter behavior into a sin. Besides, the author introduces and evaluates relevant legislation domestic and overseas.The third chapter introduces several ways to restrict punishment range of shelter behavior, and analyzes their applying possibilities.The fourth chapter is the conclusion of this paper. It introduces the theory of punishable illegality, and carries out a feasibility analysis of using the theory to limit the punishment range of shelter behavior.