Analysis And Identification Of Several Controversial Issues Of Drug Crime

At present, the drug crime is worsening, and all countries have suffered from itin the whole world. Since80’s of the twentieth century, the drug crime which isresurgent has become increasing fierce. Based on this, the Supreme People’s court,the Supreme People’s Procurator ate and the Ministry of public security promulgatedand enacted a series of normative documents to regulate this kind of crime, whichexplained and illustrated some problems of the dispute in the course of applying thelaw. However, it did not solve the problem fundamentally. With the diversificationof drug crime form and covert, and at the same time new varieties of drugs areconstantly emerging, drug crime in practice always keep that dilemma in differentways, and the final is hard to really satisfactory results. This paper which is from thetheory of criminal law in the concept about the crime of drug, applying the theory ofCriminal Law Hermeneutics, colligating judicial practice nowadays state, willlaunch the comprehensive research and analysis on several controversial problemsof drug crime. Therefore, this speech outside the total is divided into four parts; thefull text is about thirty thousand words.The first part is about the basic theory of drug crime. From theorists to definedrug crime and the definition of different world view, drug crime should be based onthe concept of fact, and to reflect the essential characteristics of crime. Under thispremise, in the author’s opinion, China’s drug crime is a violation of national drugmanagement regulations, where the person or property to drugs or drug relatedcrimes are engaged in serious harm to social order and the physical and mentalhealth of citizens and should be subject to penalty punishment. The act also includesbut not limited to drug-related preparatory act and other related risk behaviors. Atlast this part also analyzes the overall characteristics of drug crime, which provides abasis for the following issues.The second part is about drug crimes subjective intentional analysis. Drug crime is an intentional crime; there is no doubt that the intention includes both directintentional and indirect intention. Specifically, it mainly refers to that objectbehavior for the behavior is the drugs, and if it lacks of this element, there is no thepossibility of this kind of crime establishment. There are many difficulties anddoubts which are related to the behavior of drug crimes subjective recognition ofintention in the judicial practice. This part is from the subjective intent of the scopeof drug crime, which is identified by the difficulty of the analysis of causes, andusing the method of interpretation of criminal law Chinese interpretation, withinterpreting relevant interpretations promulgated three agency documents, finally itsummed up the techniques and path identificationThe third part is about the effects of drugs on the number of drug crimeconviction and sentencing. The number of drug crime is playing a decisive role inquantity of drugs involved in sentencing convicted of drug-related crimes.In thispart I would base on our current law and related judicial interpretation for therelevant provisions of the quantity of drugs, with further analysis of the quantity ofdrugs for drug crimes, and finally arrive at an conclusion that the quantity is thecritical point of crime and non crime or just on the sentencing range effect. The lastis to have decided whether the number of drug identification is that necessary forpurity analysis, mainly from the three special kind of cases, and it also found thatalthough the purity could not affect the conviction, for the severity of the penalty itis a role that cannot be ignored.The case may be sentenced to the defendant who issentenced to death for drug cases should be more careful, and resolutely has purityidentification.The fourth part is about analysis of the crime of illegal possession of drugs anddrug trafficking. The crime of illegal possession of drugs while in sentences is light;it plays a significant role as the drug crime intercept provisions against drug crime inour country in the battle. The first part of the crime of illegal possession of drugs iswith the definition, clarifying the identification point of view, and the theoreticalcircles which has been more controversial with respect to comparative analysis of crime of transporting drugs. Starting from the subjective and objective at the sametime, therefore it could find the difference between them in the comparison process,which could effectively improve the overall efficiency of the judiciary’s drug controlwork.