The Research On Problems Of Drug Recommitment

In our country, as a kind of serious criminal phenomenon which is common and happening frequently, drug recommitment is priority among all drug crimes that punished strictly. Drug recommitment is a kind of legal recommitments in the drug crimes area, and also a plot of heavy penalty in our criminal law. Drug recommitment is the 356 th article which is site in the specific provisions of criminal law, and it has a independent status. Drug recommitment is the embodiment of the individual punishment concept, which pays attention to give suitable criminal penalty in the light of different kinds of crimes and offenders. It is the important regulation and complement to the relationship between crime and penalty.Drug recommitment mainly consists of specific conditions about kinds of drug crimes、subjective aspect、time aspect、subjective of crime and scope of law, the offenders may additional undertake 30% of the baseline penalty. Drug recommitment takes “personal dangerousness” as the theoretical basis for a heavier punishment. It focuses on the special prevention of crime, and performances as making up for the previous penalty amount.The identification and application of drug recommitment in judicial practice will be faced with a lot of problems, such as the competing with recidivists、the application to probation and to minors、the conflicts and inconsequence between the current criminal law and judicial explanations. Besides the perfect system and the orderly operation, the execution of punishment such as a widely application of the criminal prohibition orders is also useful in dealing with drug recommitment’s problems. Specifically, this thesis consists of three parts:The first part mainly studies on basic categories and theories of drug recommitment. It begins with the studies on its definition and legal attribute, and this thesis determines its juristic character as “recommitments”, but not “recidivists”. Then author talks about its necessity of criminal regulation, which is coming from its personal dangerousness and need of the special prevention. The end of this part discusses two theories of drug recommitment, the individual punishment concept and the criminal policy of drug crimes.The second part mainly studies on the constitution of drug recommitments. Author analyses all conditions of its constitution, and proposes two improving suggestion. Also in the part, author studies on the features and the principle of its penalty.Lastly, author mainly studies on the problems in the process of judicial practice and the punishment application. The main problems of judicial determination are competing with recidivists and cognizance for minors. The main problems of punishment application are the probation measures and the criminal prohibition orders. In this part of thesis, author’s demonstration is based on a lot of real judicial cases, to find out a suitable solution which can strike a balance between the basic principles of criminal law and the criminal laws and regulations.