The Crime Of Illegal Drug Possession Problems Research

Illegal possession of drug crime in the "patch","out",or "leak fill a vacancy" legislation value recognised by the academic circles of most people,although the crime of illegal drug possession "leak" legislation value,there are still some controversial but as a mainstream view without too many objections.But in a complex judicial practice,illegal drug possession "out" the legislation value involves the understanding of the entity legislation and judicial practice operation have a level of contradictions.Illegal possession of fake drugs,for example,is innocent or attempted illegal drug possession.The criminal suspect illegal possession of drugs in the process that hunted or caught drug destruction,whether as its illegal possession of drug offenses,etc.,all these special case in the traditional way of the cognizance of the crime of illegal drug possession raises questions.Case,this paper tries to combine with the method of empirical analysis of illegal drug possession crime in special circumstances were analyzed,and the judgment in the judicial practice and legislation in China,the illegal drug possession crime analysis comparison method to analyze the legislative and judicial appear the cause of the contradiction,finally analysis the problem is a problem of legislative or judicial philosophy,for our country on the legislative and judicial rules about the problem.The innovation of this article is not simply to stand in the Angle of the legislation to analyze the problems in the judicial practice,but through the case to collect of large area,looking for line regulation cannot solve the problems,the problems in judicial practice through the problems existing in the backward legislation,points out that in order to make up for the legislative loopholes and design out charges may bring new legislative loophole,lead to the "out" to the purpose of effective implementation.This article mainly analyzes the three special cases of crime of illegal drug possession.First of all,this paper constitute the crime of illegal holding whether must be seized drugs physical analysis,through the list of cases to illustrate,make crime of possession of drugs is the premise of general seized drugs,but there are exceptions,in some cases,criminal cases to drugs destroyed before being captured if no decided that it constitutes a crime,is likely to cause severe legal effect.In this paper,the second question is for others to act as purchasing agency was caught for smoking drugs in transit judicial cognizance,this wide divergence of the theory and judicial practice,this paper argues that smuggling,drug manufacturing,trafficking in,transporting the drug transport crime usually have profit or provide convenience for smuggling,manufacturing,selling drugs of objective factors,so the sentencing and drug trafficking,etc.At the same level,and transport of drugs for smoking behavior,both for others and yourself,are essentially for drugs,the drug transport behavior of sentencing sentencing on the same standards and drug trafficking,it may cause the crime punishment does not adapt.,this article analyzes the illegal drug possession attempted crime can exist,and analyses the two typical attempted illegal possession of drugs,the first is to fake drugs as do drugs,the amount of it,the second is behavior did not succeed,although the drug possession but objectively caused the drug began to flow situation in society.