The Identification Of Drug Recidivism

Drug crime is rampant, and drug recidivism phenomenon is very serious. Since the "theEighth Amendment to Criminal Law " rules that the minor crime does not constituterecidivism，the academic circle and judicial practice circle make a controversial discussionthat whether juvenile drug-related crime constitutes drug recidivism. This paper studies therelated issues, with an example of Hu intentional injury, drug trafficking case.This paper is divided into four parts.Part One：Introduction of the basic situation of the case. According to the courtverdict,this section briefly introduces the fact that Hu deliberately hurt others and committedthe crime of drug trafficking. Through summarizing the differences on related issues to thecase,it is concluded that the main focus of controversy are whether Hu’s behavior constitutesdrug recidivism and whether Hu’s repeat crime plot should be considered again whenexecuting punishment.Part Two: This section descripes the principle of legality, criminal policy of alternateleniency with severity, natural interpretation, principle of prohibiting repeatable evaluation,which are important criminal theories related to the case focus of controversy,and then putforward the author’s opinions. The paper analyzes whether the minor crime constitutes drugrecidivism from natural interpretation and the criminal policy which sentences drug crimeseverely, the minor crime leniently. At the same time，based on the understanding of principleof prohibiting repeatable evaluation, the paper explores that whether recidivism plot should beconsidered again when executing punishment.Part Three: Analysis and conclusion of this case. Combining the specific details of thecase and criminal theories related to, the paper makes the progressive analysis around thefocus of controversy that whether Hu’s behavior constitutes drug recidivism. Firstly, bypointing out the subject of China’s criminal law356th is uncertain, the paper gets an analogywhich is beneficial for Hu; Combining the particularity of the minor crime and drug crime, itis inferred that Hu drug crimes should be punished leniently；Comparing Hu’s behavior withrecidivism，it is inferred that Hu does not constitutes drug recidivism. Secondly, applying principle of prohibiting repeatable evaluation，it is concluded that Hu’s recidivism plot shouldnot be considered again.Part Four: Enlightenment. It is suggested that the judicial personnel should understandthe meaning of the fight against drug crime strictly on the whole, thus avoiding one size fitsall. In the trial of cases, the judicial personnel should understand the spiritual essence of thelaw. In the legislation, the legislature should rule clearly that the minor crime does notconstitute drug recidivism and "discretionary" content of China’s criminal law356th.