Research On The Recidivism Of Juvenile Drugs

Smoke is not prohibited,the country is poor,more than ten years later,not only can not raise the rate,and no available soldiers.The face of the proliferation of opium,the national constitution is weak,the ruling organization was corrosive situation,in 1838 Daoguang announced the national ban on smoking,1839 carried out the famous Humen cigarette,opened the prelude to modern Chinese and drug struggle.After the founding of the PRC,due to the increasingly active domestic and foreign trade,the rise of global drug problems,drugs comeback,become the current serious social problems.The current number of drug users continue to rise,the proportion of young people continue to increase,minors drug abuse,drug problems have become increasingly prominent.The Chinese nation is poisoned by the nation,the drug problem in the rise of our country,the government has gradually revised the "Criminal Law",promulgated the "decision",and promulgated in 2007 and the implementation of the "anti-drug law" improve the drug legislation system.The legislation continues to improve,one of which is consistent with the strict anti-drug drugs,severely punished non-loan crime of criminal policy.As a result of the high rate of recidivism in drug offenses,97 criminal law provides for a system of drug recidivism,which is a serious blow to criminals who have committed a drug offense again.The drug recidivism system does not clearly stipulate whether minors can constitute the main body of drug recidivism.With the increase of juvenile drug cases,whether minors can constitute drug recidivism has caused controversy in theory and judicial practice.This article aims to analyze the characteristics of juvenile drug crime,through the system of criminal law interpretation,the purpose of interpretation,based on the concept of juvenile justice,crime prevention theory,criminal policy,from the legal interpretation and legislative spirit of the two issues discussed,Explaining the reasons why minors can not apply the system of drug recidivism.This article is divided into three parts.The first section outlines the issues related to the use of drug recidivism in minors.First,it summarizes the urgent problems in the theory and practice of the application of drug recidivism for minors,introduces the real needs of the drug recidivism system,and the status quo of juvenile drug offenses,clarifying the controversy over the application of drug recidivism in minors Focus and scholars point of view,and put forward the author point of view.The second part discusses from the perspective of legal interpretation.From the point of view of the systematic interpretation of criminal law,the system of drug recidivism for minors will inevitably lead to the incongruity of drug recidivism and recidivism system,resulting in the imbalance of punishment and the principle of incompatibility.At the same time,the provisions of the criminal law exempted from the obligations of criminal record and the criminal procedure law stipulated in the juvenile criminal record storage system,also with minors apply drug recidivism system is not coordinated,does not meet the criminal law of the purpose of interpretation and system Explanation.The third part from the legislative point of view,argued that minors should not constitute a drug recidivism.The discourse is divided into three parts:first,based on the analysis of juvenile criminal law.The juvenile criminal law requires individual treatment,the application of drug recidivism to minors is not in line with the principle of the greatest-interests of children,is the mechanical interpretation of juvenile criminal law concept.Second,based on the analysis of the effect of crime prevention.Based on the causes and characteristics of juvenile drug offenses and the special physiological and psychological state of the minors themselves,the system of investigating the application of drug recidivism can not achieve the purpose of preventing crime and saving juvenile punishment.Third,based on the analysis of criminal policy.The broad position of minors is the consensus of the international community.The United Nations General Assembly has adopted a number of rules to protect the rights of minors.Our country is also the principle of education and punishment.The system of drug recidivism for minors is a violation of the criminal policy of juvenile delinquency.