| Drugs harm to individuals, families and society is difficult to measure, the grim situation of drug crimes in today's world, in the traditional sense of the drug is deeply ingrained in the drug market, new drugs but also emerge in endlessly. Due to historical reasons and the characteristics of the drug itself to crackdown on drug crime has always been of criminal policy in China. Although shelter others drug crimes in 1997 were included in the scope of criminal law in our country, but the continued rise in the number of cases, and more and more social public figures suspected of the crime, this crime in the field of law and the social public has led to a constant attention and debate between, at the same time, more and more people questioned his punishment of this crime is also.Drug crimes in criminal legislation in our country, the shelter others exist in the form of simple crimes, principal punishments across larger extent, fine punishment has not provided any scope, the legal punishment setting mode actually gives the judge too sentencing discretion, or lack of unified sentencing standards, or there is no any standard, will eventually lead to the imbalance, the offense and influence of justice. Therefore, in view of this crime legislation present situation, it is necessary to introduce similar nature of the judicial interpretation of sentencing guidelines. This article mainly embarks from the instance in the judicial practice, by using data analysis and mathematical model to find the problem, and combining the theory and practice of criminal law to analyze problems, finally combining with the advanced legislation put forward the train of thought to solve the problem.Besides preface and epilogue, this article is divided into three parts.The first part is the shelter others summary of drug crimes. First of all, introduced the domestic and foreign status of legislation to shelter the drug use by others, and through the comparative analysis of the domestic and international legislation, reveals the disadvantages of domestic legislation; Secondly, in view of the shelter others drug crimes "shelter", "place" in the key elements of constitutive requirements different views to be elucidated, and puts forward the author thinks that a reasonable definition.The second part mainly discusses the basic method of shelter others drugs crime sentencing and judicial predicament, this section is a part of the whole article connects, combined with the first part introduces the basic theory, put forward shelter others drug crimes sentencing is the basic method and put forward innovative shelter others drug taking the basic method of measurement of penalty. It is to use some of its most valuable place example analysis, the method of C city in 2014 drug case leave others 59 samples for analysis, the written judgment analysis shelter others drug crimes in the application of the principal punishments and supplementary punishments, the choice of mitigation, the application of the community correction of the judicial dilemma.The third part is the conclusion of the paper, this part carries on the second part of the full text, and discussed from two levels. The first level: according to shelter others drug crimes in the application of the principal punishments and supplementary punishments, the choice of mitigation, the application of the community correction judicial predicament of problem, put forward the operable Suggestions; The second level: mainly introduces shelter others should focus attention of drug crimes in sentencing principle, and put forward the shelter others drug crimes sentencing suggestion mode. |
PDF Full Text Request