A Study On Difficult Problems And Countermeasures Of Penalty Application In Drug-related Crimes In China

The drug problem is a global social chronic disease, which severely affects thehuman survival and development. From the Opium War in1840, the drug abuse notonly caused severe social issues at that time, but also became a trammel for the eradevelopment; after the foundation of the People’s Republic of China in1949, theChinese society got ride of the drug problem integrally. According to the preliminaryestimates, there were more than20million opium addicts and more than300thousand drug producers and dealers and there are more than1million hectares ofpoppy planting area; therefore, the government took forceful drug control measuresand eradicated the drug problem within three years so that China became a veritable“drug-free nation”. However, after the reform and opening-up in1978, the drugproblem that had been totally prohibited bounced back and the drug-related crimesbecame severe along with the economic development and the opening; therefore, therelevant laws and regulations are introduced successively so as to fight against thedrug-related crimes. At present, there are2.4million recorded drug addicts; however,according to the universal laws and principles in the statistics of drug addicts all overthe world by the United Nations, there are about4to5drug addicts who have notbeen found behind each drug addict who has been found; hence, there are about12million drug addicts. According to the introduction of Liu Yuejin who is the directorof National Narcotics Control Commission of Ministry of Public Security in theAuthoritative Conference of Drug Control of Ministry of Public Security in2014, thedrug-related crimes are severe in China and the gun and drug confluence and teenaddiction become increasingly prominent, therefore, the drug control situation is notoptimistic.In China, it is of great theoretical and practical significance to study the penaltyapplication of drug-related crimes. In the judicial practice, the drug-related crimeshould be confirmed and treated based on the provisions of laws, especially theCriminal Law. In this thesis, the relevant legal questions of penalty application in drug-related crimes are expounded from the following three aspects:The first part is the “legislation process and condition of penalty application indrug-related crimes in China”, mainly expounding the legislation process andcondition of penalty application in drug-related crimes in China through introducingthe essential issues of drugs and drug-related crimes.The second part is the “difficult problems in penalty application of drug-relatedcrimes in China and its analysis”, analyzing and elaborating the penalty application ofspecial person in the drug-related crime’s temptation investigation, the affirmation onbehavior of stealing drug, the affirmation on behavior of professional drug carrier,evaluation on drug purity in the crime whose criminal might be sentenced toimmediate death execution and the difficult problems on the penalty application ofconcurrence between drug recidivism and common recidivist through concrete cases.The third part is the “solutions for difficult problems of penalty application indrug-related crimes in China”, demonstrating the reality and necessity for perfectingthe penalty application of drug-related crimes through the analysis on difficultproblems in penalty application of drug-related crimes in China in the previous partand proposing concrete suggestions for the issue.In this thesis, the system analysis, comparative analysis, case analysis andhistorical analysis methods are applied to study the penalty application ofdrug-related crimes and other related issues through linking theory with practice andthe propositions are posed for improving the problem, hoping to be conducive to theperfection of penalty application in drug-related crimes in China.