Research On The Cirminalization Of Drug-taking Behavior

At present, influenced by drug abuse of the overall situation in the world, thesituation of drug crimes in China is not optimistic, in general, but increacrimeglydevelopment, changeable, complex in overall situation. Because of this, there has been apart of the country or region specified the drug abuse as crime, drug use behavior andreceived considerable crime of the legal effect of drug control. In contrast, the currentlegislation of drug action in our country, obviously taking drugs just is a kind of illegalbehavior, the punishment is only limited to the category of administrative punishment.The spread of drug use behavior in our country, with no doubt of our country’s currentlaw is too light on drug taking punishment. Not psychologically for drug addicts have apowerful deterrent existing legal issues. To this end, China’s legislature should be basedon its national conditions, through the comprehensive analysis, the absorption of othercountries or regions in moderation for drug use behavior into the legal design, increasethe drug crime in Chinese criminal law, part of selective drugs which cause seriousdamage to society can be defined as the crime.This article is divided into five chapters. In the first part, overview the action ofdrug taking. From two aspects of the connotation and extension of drug to clarify theconcept of drugs, on the premise of clear concept of drug, continue to study thedefinition and legal nature of drug use behavior; In the second part, the drug taking intothe legal. Outlined in today’s world of drug use in attitude in the process of legislationand legal nature of the action, whether to "claim to the behavior into crime" is dividedinto affirmation and negation, and of these two views are reviewed, finally it isconcluded that "should be added in the criminal law in our country drug crimes"conclusion; In the third part, the necessity of Chinese drugs act into crime. From thetheoretical level and practical level in our country will be researches in the necessity ofthe behavior into crime; In the fourth part, Chinese drugs act into the feasibility of crime.From the drug use behavior into crime have extensive social foundation, havecorresponding criminal law theory support, can draw lessons from the legislativeexperience of enforceability on the behavior in our country into the feasibility of crime;In the fifth part, the design of drug crime legislation in our country. First of all, from theconstitutive requirements of criminal offense of drug sum up the indictment of drugcrimes in design, and then to design the legal punishment, namely drugs act on theconviction and sentencing of legislative proposals.Drug use behavior into crime to perfect our legislation on drug use behavior, strengthen the control of drug crimes, inhibit drug use behavior endangering thenational physical and mental health, ultimately achieve the purpose of the harmoniousdevelopment of society has important theoretical significance and practical significance.