The Limited Explanation Of Crimes Of Sheltering People Taking Drugs

Drug crime is the focus of the world's criminal law to combat the object."Strict obedience" has been the criminal policy of drug crime in China.With the proliferation of drugs,drug abuse is increasing.Under the impetus of this criminal policy,more and more of the behavior of others in drug abuse is included in the criminal law.In the face of all kinds of social life in a variety of behavior to accommodate others drug abuse,we should abandon the thinking of Severe—Penalty Doetrine and abide by the basic principles of criminal law.The act of retaining behavior is a useful act of taking drugs.In the context of the criminalization of drug abuse has been incorporated into the criminal law of the regulatory provisions should be particularly careful.In view of the fact that the scope of punishment for detention is not clear and there is a tendency to expand the penalty right,the scope of punishment for the detention should be reasonably defined.At the same time,it clearly stipulates the legal interests of the crime of drug addiction,through the interpretation of the law,distinguishes different types of detention and reasonably determines the scope of punishment of the criminal law to balance the relationship between personal freedom and social order.The main contents are as follows.The first chapter mainly discusses the legislative evolution of the crime of drug ion,and the excessive development of the punishment scope of the crime in the practice of the judicial organ in the application of Article 354 of the Criminal Law,because of the lack of clarity of the legal concept and the inertia of torture.From the perspective of criminal law to explain the "tolerance" of the legal meaning and characteristics,focusing on understanding in the "place" and "place control" and to explore the legal interests of this crime.The second chapter mainly deals with the controversial behavior in the practice,such as the retention in the hotel,the retention in the taxi driver,the retention in the cohabitant,and the detention in the network.From the theory and practice analysis of the limits of the scope of the possible punishment of the crime,such as the application of Section 13 of the Criminal Law,the theory of anticipated possibility,the theory of neutral help behavior,and pointed out that its judicial practice in China's limitations.The third chapter mainly analyzes the reason and necessity of restricting the scope of punishment of this crime in theory and practice.To distinguish between different types of retention behavior by means of the purpose of inadvertent contact and profit making.The scope of the obligation should be reasonably determined when the passive conduct of practice is incorporated into the criminal code in the form of non-guilty.In the case of active retention behavior,the profit-taking behavior for profit-making is serious for the law and is worthy of criminal punishment.