Analysis On Drug Relapse

It is well known that drug is a social public hazard, drug crimes endangers the stability and happiness of human society and the family, and has become a major issue of common concern of all countries in the world, which control to control drug crimes through the criminal law. In recent years, the crime rate of drug crime in our country is increasing, and the relapse of drug crime is also increasing. It triggers other types of crime while endangering the health and safety of the people and social order. Our party and government have always attached great importance to the control of drugs, and cracked down on drug crimes, and has achieved relatively obvious results. In order to strictly control the spread of drugs and crack down on drug crimes, drug relapse article is specially set up in Article 356 in the criminal law. This paper begins with related legislation for drug relapse and judicial perspective, takes the drug crime case handled by B District procuratorate in C City as a sample and analyzes the issues related to drug relapse. This paper is divided into five parts, about 18,000 words.The main contents are as follows:Part One briefly introduces drug relapse, begins with relevant issues in drug crime and drug relapse and briefly analyzes the concepts, categories and characteristics of drug crime and drug relapse and elaborates the issues related to drug relapse through the cases handled by B District procuratorate in C City.Part Two mainly discusses the penalty basis of drug relapse, and analyzes the drug relapse from principle of responsibility and demand for prevention. Crime is the unity of law and responsibility. The identification of the defendant's constitution of drug relapse means that the defendant has the responsibility, which is more serious than the former drug crime in the criminal law. According to the identified responsibility, the defendant shall be imposed on a relatively serious penalty. One of the purposes for the article on drug relapse set up in the criminal law is to prevent crime. The more serious penalty plays the role in warning, deterring and persuading the members of society so as to realize the special prevention and general prevention on crime.Part Three mainly discusses the applicable law for recidivist and drug relapse. As for the nature of relapse, drug relapse has three types of the relapsing person's conforming to general relapse and drug relapse, special relapse and drug relapse of the underworld property organization crime and only drug relapse. This part confirms application law of relapse of different types in the judicial practice through enumerating cases and analysis.Part Four analyzes two important issues of special rules and penalty dimension on the minors. There are controversies over whether the article on drug relapse shall be applied to the minors. It is reasonable to exclude the minors from the application scope of drug relapse and constitute the special rules for the minors. In the meanwhile, the penalty dimension of drug relapse shall abide by the principle of not going beyond the former or latter crime. It is necessary to compare the heavier punishment with the former or latter crime and restrict the heavier punishment on drug relapse from the punishment on the former or latter crime so as to avoid the imbalance of criminal punishment because of simple proportion.Part Five mainly discusses the issues of drug crime and compulsory isolation treatment. Drug crime is also involved in the connection with the Drug Law. Only the connection is formed between compulsory isolation treatment and criminal punishment to block the loopholes between the two can resolve the problems between the two. Although compulsory isolation treatment falls within the scope of administrative compulsory measure in essence, it still deprives the person against who a judgment or order is being executed of human freedom and there is no big difference between the deprived strength and executed freedom punishment. Therefore, the period of compulsory isolation treatment should be reduced in executing the criminal penalty.