The Cognizance Of Forcing The Others Take Drugs

China ruled the accusation of force others to take drugs as a accusation in <The Regulation of Opium Ban>,then < Criminal Law> of 1997 ruled this crime as second section of article 353, "Forcing others to take or inject drugs, to be sentenced no less than 3 years but not more than 10 years in prison and fines ".Although, there is many cases offended this crime in practice, the nature of these cases is very simple and the jury also did not consider more, of course, there is no clearly explanation about these controversial view. And these controversial view in theory also not reach an agreement. So, firstly this paper will sum these controversial view and summarize some of the latest research results, in the end, based on this, I will put forward some of my own opinions, hoping it can give some support to theory and practice department.In the first part, this paper mainly discussed the subject cognition of force others to take drugs through the cognition of actor and the understanding of others. In this paper, the writer mainly discussed the meaning of drugs, the illegal cognition and the object of this crime---the understanding of others.In the second part, the writer mainly discussed the behavior of this crime through analysis what is "forced", including the strength of the concrete methods and means, to discuss special requirements on the behavior of this crime.In the third part, the writer discussed the cognition of take drugs. With the renovation of drugs, changing the way of taking drugs, objectively determined this crime increased the difficulty, this article in the comprehensive discusses what is a "drug", connotation and denotation of drugs and crime of "drug abuse" differences with other drug crimes. The fourth part, this paper mainly summarizes the committed this crime is the behavior and its theoretical basis and the crime of serious injury or death on people. With a law provisions of this crime, obviously this crime legal punishment is not enough to valuate serious injury, death, the victim, this article outline the different situation of serious injury or death on people, this crime in order to better understand this crime qualitative.