Identification Of Drug Relapse

At the present stage of Chinese drug crime prone,high incidence,the drug control situation is still very serious,the drug criminals severely punished,is our country’s criminal policy.Among them,drug crimes involving minors are increasing,and make the phenomenon in the drug-related crime is more serious,it is worthy of attention.Minors as a special the group in China to crack down on drug crimes at the same time,attention should be paid to the protection and education of minors.Along with Chinese "criminal law amendment(eight)" the implementation of one of the provisions of minors crime does not constitute recidivism,but not for minors is established for drugs again to make specific provisions,There are a lot of disputes in the legal theory and the specific judicial practice operation process,resulting in the face of such cases,the judicial staff operating space is too large or can not start the situation.Therefore,for minors is a drug offense,clearly identified based on the drugs again,has a strong practical significance.In this paper,a case of drug trafficking in Yao starts with criminal law theory,the perspective of judicial practice,combined with the relevant law,around the two focus: "the criminal law amendment(eight)" can be applied to the modification of recidivism and drug recidivism have sealed a criminal record as the basis for determining whether the drugs again,gradually carried out analysis and research.The relationship between general recidivism and drug recidivism,identification of minors is established in the course of interpretation from the perspective of drug recidivism,as well as in the minor criminal record storage system in the context of minors is a drug recidivism is discussed.Combining with the legislative spirit and the intention of the relevant legal provisions,through case analysis,finally described the minors after drug trafficking crime category,the re implementation of drug-related crimes,should not constitute a drug Recommitments view.Through this article,be helpful for judicial practice,accelerate the improvement of relevant legislation,to further highlight the fairness and justice in China the law.