Research On Legal-Regulation Of Raw Material And Mixture For Drugs

In recent years,the traditional drugs have gradually been replaced by the new drugs(chemical synthetic drugs).The manufacturing of the new drugs is secret,simple,convenient and flexible,which increase the difficulty of striking the drug crime,and it's addictive and addictive crowd more younger that cause greater harm than traditional drugs.China is a big country that manufacture the raw materials of the new drugs,which is facing a severe situation.At present,there are insufficient laws and regulations on the raw material and mixture for drugs,administrative regulations and criminal law should cooperate with each other in order to curb the raw material and mixture for drugs entry the illegal channel and reduce the drug crime from the source.The first part of this paper mainly introduces the concepts,characteristics and classification of drug products.The raw materials of drugs is defined as "Raw material and mixture for drugs" In the field of the Criminal Law,however it is defined as "precursor chemicals" in the field of the Administrative Law.Although both of they refer to the same kind of substances in different legal fields,their relationship is contains and being containedraw material and mixture for drugs have dual characteristics,which can be used in the legal areas and also used in the illegal areas;the dual characteristic determines the legal characteristic of raw material and mixture for drugs;Based on the above two characteristics,it is concluded that raw material and mixture for drugs have the characteristics of neutral value.The classification of raw material and mixture for drugs is conducive to execute regulation successfully,raw material and mixture for drugs is divided into different types according to the different standards.The second part of this article mainly discusses the administrative control of the raw material and mixture for drugs.the regulation of the administration and the criminal law of raw material and mixture for drugs cooperate and complement with each other,which form a vertical-legal-system of combating the illegal and criminal comprehensively and effectively.The establishment of the list of systems,include classification management system,licensing and record system,registration and reporting system,regulatory system and verification system of international import and export,which constitute the administrative-regulation system of raw material and mixture for drugs in China,however,we should also see the deficiencies in the administration of raw material and mixture for drugs,on the whole,the administrative control of raw material and mixture for drugs still have some dilemma that cannot break in the moment time,such as the lack of control in non-controlled drugs,the lack of regulatory measures,the lack of knowledge of the supervisors and the identification and punishment of illegal activity unable to connect with criminal law,etc,which cause the effectiveness of administrative control cannot play out,the breakthrough of the dilemma remains to be studied in depth by scholars.The third part of this article mainly carries on the research on the crime of raw material and mixture for drugs,that is,the regulation of the raw material and mixture for drugs from the field of the Criminal Law.Firstly,introduce the definition of the raw material and mixture for drugs crime,and analysis of raw material and mixture for drugs from its crime constitution,secondly,through the "Criminal Law Amendment(ix)" analyzing the legislative trend of the raw material and mixture for drugs crime,finally,analysis the regulation of raw material and mixture for drugs in criminal law also face dilemma as same as administrative regulation.The hysteresis of the regulation of raw material and mixture for drugs in the Criminal Law cause the crime of non-controlled drugs cannot be regulated and punishment,furthermore,the secrecy of the raw material and mixture for drugs crime and the simplicity of crime tools and places increases the fight difficulties.The public security organs cracked a large number of raw material and mixture for drugs crime every year,but the number of drug-related crimes is still high,this phenomenon is caused by the powerless of the non-controlled drug crime,a large number of synthetic drugs come from the extraterritorial and the unsound standards for the identification of crime.Criminal Law has critical implications to curb the raw material and mixture for drugs crime turns into the drug crime.The fourth part of this article is the comparative study of foreign law in raw material and mixture for drugs crime.The drug problem is not only a matter of internal affairs,but also an international issue which get common concern by all of the countries in the world.Each country and region has developed a set of anti-drug model that suitable for their own conditions.By comparing the relevant provisions of the raw material and mixture for drugs crime in US,Canada,Argentina and China Taiwan,it is a universal that establish the control of the raw material and mixture for drugs through legislation,but it should also be noted that each country and region has its own particularities.China,while insisting on its national conditions,should also fully absorb and learn from other countries and regions in regulating the raw material and mixture for drugs.Only in this way can we really set out a comprehensive,perfect,reasonable and effective legal system of raw material and mixture for drugs.The finally part of this article is the author's conception of the raw material and mixture for drugs legal-regulation-system.Through the analysis of the current situation of the legal regulation of the raw material and mixture for drugs in China and the combing of the extraterritorial law of the raw material and mixture for drugs,concluded that it is a long and arduous process to formulate a comprehensive legal regulation system for raw material and mixture for drugs.The legal regulation of raw material and mixture for drugs should be based on the Administrative Law and Criminal Law as the guarantee,especially should keep pace with the times in the legislation in order to face the complex and changeable drug situation.