Study On Drug Abuse Criminalization

Drug abuse refers to the behavior of drug use, it includes smoke and injections. Each country and region has different drug law and penalties on drug abuse behavior according to their own needs. There are mainly five modes. The first is to conduct drug conviction, with an appropriate criminal penalties; the second drug is also considering drug addicts as a crime, but penalty is replaced by a medical interventions; the third is criminal and administrative legislation combining, it means that drug addict is conviction but only be imposed administrative penalties; the fourth is that drug addict is viewed as an offender and be punished administratively; the fifth is "Dutch system", taken strictly on hard drugs ban but on soft drugs it takes a combination of both the limited opening strategy.Due to historical reasons and the need for changes in national conditions, China’s laws on drug use behaviors experienced by the crime to a non-iterative process. The current "Republic of China on Public Security Administration Punishment Law" stipulates that smoking, injecting drug behaviors will be sentenced to administrative detention and a fine."Narcotics Law" on the drug abuse states three measures: Community rehabilitation, voluntary drug forbidding, and forced isolation treatment. The two laws both claim that drug acts are clearly defined areas of administrative regulation, not a crime.However, the drug abuse behavior dose not only hurt individuals’ health, but also be seriously harmful to the society. In recent years, the population on drug abuse increases fast, and the age of the population intends to be younger. What’s more, the number of crime due to the drug abuse surges obviously. The obstacles of existing system on forbidding drug abuse behaviors make it not able to solve this problem. This article tries to make the drug abuse behavior criminalization to find a better way. The utilitarian theory, the course of freedom and abstract dangerous criminal afford the theory for making the drug abuse behavior criminalization. This article argues the feasibility of setting drug abuse crime from.On the other hand, although the author argues that the drug abuse behavior should be criminalized, this behavior does not belong to the seriously bad behavior. Therefore, the author views that the drug abuse behavior should be distinguished and given a suitable penalty when it is to be criminalized, for facilitating the maintenance of stability and social conduct anti-drug work. To summarize, the drug abuse crime should be set and be stipulated its crime constitutions and legal punishment.