Research On The Crime Of Providing Venues For Drug Users

The crime of providing venues for drug users is a simple charge in the crime of disrupting the order of social administration in the sixth chapter of Criminal Law.There is only a simple description of the crime in article 354 in Criminal Law.In recent years,with cases of the suspicion of providing venues for drug users increasing year by year,more and more experts and scholars in the theoretical circle and judicial practice have payed attention to the crime,and they have heatedly discussed the controversy questions in the judicial practice.But there is no unified opinion on the handling of many problems.In recent years,the standard of prosecution and judicial interpretation have defined how to concretely apply the crime.Along with the cases appeared become increasingly complex and diverse.Relevant laws and regulations,judicial interpretation and the document of judicial interpretation don't provide all cases,and it's impossible to include all cases,so the phenomena that different regions make different treatment for the similar situation often occur.In my opinion,it's necessary to combine specific cases to study the typical problems which have a lot of controversy and no standards for reference,and can be classified according to the constitution of crime,and put forward my own opinion.In order to provide some help for the theory and judicial practice.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is the research on the objective aspects of the problems of the crime of providing venues for drug users.The behavior of shelter should not only include act,but also omission.However,the laissez faire behaviors are not all omission,whether or not,we should make a specific review from the three elements of the establishment of the crime of omission.In order to crack down on drug crimes and compress the space of drug abuse,we should make a expansionary explanation on shelter places.Open spaces also should be included.In line with the principle of balance between crime and punishment,the author thinks that the behavior of organizing drug abuse which use the network virtual space should be punished according to the punishments of "gang bang" and "gambling".Setting the "mob drug crime",and giving the organizers and active participants penalty punishment and other participants administrative penalties.The second part is the research on the subject aspects of the problems of the crime of providing venues for drug users.Because of the close relationship between relatives,so although close relatives' shelter behaviors may conform to the elements of the crime of providing venues for drug users,the modesty of the criminal law determines law cannot intervene excessively intimate relationship among close relatives.On the basis of the article 12 of Interpretation,the circumstances are obviously minor and the harm is not great,not as a crime;the circumstances need to be investigated for criminal responsibility,discretionary lighter punishment.Although the couple is also a special relationship,but the couple does not have the legal system of identity,so when reference to the couples' shelter behaviors,we should review whether the couple have cohabited in fact.For the non special relationship between flat-share,must first distinguish the relationship between the flatmate,and then review the specific location of drug abuse.The behavior of drug abuse between friends should be the same as the behavior of organizing drug abuse which use the network virtual space,punish the organizers and active participants to mob drug crimes,give administrative punishment to other participants.The third part is the research on the subject aspects of the problems of the crime of providing venues for drug users.The subjective aspect of the crime of providing venues for drug users not only includes the direct intent,but also include indirect intention.But those laissez faire behaviors are not all worth to be punished.When judging if they are worth to be punished,the author thinks that using the theory of punishable illegality will be more reasonable than using of the theory of anticipated possibility and the "proviso" clause.The fourth part is the research on the difficult situations of the accessory of the crime of providing venues for drug users.The helping behavior of accessory should only for the shelters,and not for the drug users.The helping behavior to the shelter's providing behavior is the crime's helping behavior.The behaviors of lookout,providing drugs and drug tools are not helping behaviors of the crime.