The Comparative Study Of Criminalization And Decriminalization For Drug Abuse

These are argues about the law of drug abuse. Scholars who support criminalization think the current law is loose on drug abuse behavior, no strict punishment causes the contagion of drug abuse behavior, so mainly bases upon theory of Actio Libera, in cause theory of violating norms and offender of abstract danger, plus the need of national criminal policy, thinking the drug abuse behavior shall be criminalized processing. But the criminal laws theories of decriminalized processing on drug abuse behavior mainly include:victimless crime, nature of crime, limiting criminal law. They think the strict criminal law cannot govern drug abuse behavior. From the point of limiting criminal law, it shall give decriminalized processing on this behavior and the governance emphasis shall be on the quitting drug and correction on drug abuser, but not on punishment.In the base of criminal legal system, this paper aims at the contrast between criminalization criminal law and decriminalization criminal law, attach great importance in the comparison between two governance patterns, comprehensively reviews and compares the criminal laws theories and practical situations of the two patterns, and makes the conclusion:for China or any other country, criminalize should be paused, decriminalized processing on drug abuse behavior can suppress the happening of the abuse behavior and decrease drug abuser’s dependence on drug and is the rational choice fitting drug control, thus truly achieve the goal of human rights and legal governance. This paper has five parts:In the first Chapter, it introduces the concept of drug, the concept and features of drug abuse behavior and the current situation of drug abuse, while it proposes a new concept--"drug abuse".In Chapter two and three, it summarizes the operations of criminalization and decriminalization of drug abuse, including concepts, countries and regions where implements criminalization or decriminalization of drug abuse behavior with the specific laws and respective supporting law theories.Chapter Four is the whole point of this paper, it analyzes the setbacks and dilemma of criminalization of drug abuse behavior, respectively proposes doubts and analysis on the theories of criminalization from theory and practice, and proposes the inevitable dilemma in the practice. Firstly, there are rooted thought of heavy penalty and criminal law of omnipotent in decriminalization of drug abuse behavior; secondly, drug abuse behavior doesn’t infringe the legal interest of criminal protection, namely it doesn’t constitute the essence of crime, so it is unnecessary to be regulated with criminal law in the perspective of prevention.Chapter Five after comprehensive analysis and rational thinking of the former parts, starts from the development trend of criminal law modernization, which goes towards tolerance direction, gets the conclusion:the decriminalization more fits the choice of criminal law’s modernized requirements.