The Research Of Criminal Possession Of Drug

Drug prevention and control situation is more and more serious in our country, the national criminal policy of drug crimes take heavy, lead to behavior person as long as involving drugs will in practice into the tendency of sin, without regard to legal interests invasive behavior. Sometimes don’t even consider the actor’s subjective intent, as long as there is concluded that the behavior of drug possession that constitute a crime. Illegal possession amount of drug crime is committed, so, how to calculate the amount of drug? Criminal law about the "serious" as a condition of aggravating punishment including amount? Actor because of smuggling, trafficking in, transporting or manufacturing narcotic drugs or harbor drugs and drug possession, is a crime or crimes? And so on. From the following four chapters in this paper, the crime of illegal drug possession of illegality and the duty, this crime punishment setting problems are discussed in this paper, in order to offer some useful help to solve the problem.The first chapter mainly expounds the behavior of its content. The author thinks that the main purpose of the crime of illegal drug possession setting is not make drug abuse, to protect the public health of body and mind, should and beneficial concept as the instruction from grasping the crime of illegal drug possession in essence the illegality of the content, mainly including: the behavior of the object is drugs, and drug must be true; To implement the behaviour of drug possession, ownership holders are not limited to, and shall be for a certain time; Drug possession must reach large number of standards, when it is necessary to convert the number of drug purity.The second chapter analyzed the crime duty factor. Think that the fault liability is held by the crime of illegal drug possession, shall not apply to the strict liability. Intentionally the understanding of the content mainly includes the object, behavior, behavior of illegality and holds the number of drugs. Among them, known as deterministic know for holding behavior; On the number of drugs, drug and behavior illegality cognition as possibility. In concrete determination can be used in a constructive way, but should be reasonable use of presumption rules, based on the facts should be objective, comprehensive and give the offender full right to refute, in case the presumption abuse.Chapter iii illegal possession amount of drug crime is committed, the amount is not only related to conviction and also involve the issue of sentencing. Judicial practice on the cognizance of "serious" differences and conflicts, mainly due to the legislation of "serious" is a general rule, combined with the "plot" and "amount" relationship is complex. The author advocates of "serious" dichotomy "should be adopted for recognition, namely the amount plus larger legal amount shall be given heavier plot, close to the limit and discretionary heavier plot and consider some special methods to the plot.The fourth chapter discusses the practice, for the crime of illegal drug possession associated with crime and the difference between. Possession of drug crime and smuggling, trafficking in, transporting or manufacturing narcotic drugs mainly embodied in the body of the behavior difference between scope, responsibility and subjective content. Harbouring drug crimes, the infringement of legal interests is mainly the judicial activities, illegal possession of drug crime, there is no such requirement. Judicial practice, only when there is no sufficient evidence to prove that the offender drug possession is for the sake of smuggling, trafficking in, transporting or manufacturing narcotic drugs, or harboring drug, can be identified as crime of illegal drug possession. Otherwise, shall be made in smuggling, trafficking in, transporting or manufacturing narcotic drugs crime or crime of harboring drug.