The Discussion Of Providing Venues For Drug Users

In recent years,with the increase of drug crime rate in our country,the degree of drug damage to the citizens of our country is deepening,and the scale of influence is expanding.At present,drug-related crime is attacked severely.However,there are a lot of differences in the determination of the behavior of providing venues for drug users in judicial practice.There have been many cases of different convictions for the same crime with different sentences before and after.In order to better enforce and improve the system of conviction and sentencing of the crime of sheltering others for drug using.In this article.After reading a large amount of literature,starting from the micro point of the crime,based on the existing regulations and research,this article elaborates existing problems on the crime in academic and practical circles,Through the comprehensive and detailed analysis of the crime,summarizing and analyzing the existing research results,and differentiating the possible chaotic charges,I will finally putting forward my own suggestion.The sentencing circumstances of this crime will be refined and the statutory punishment of this crime will be reconstructed,hoping to provide valuable reference for judicial practice.This article mainly discusses from seven parts:The first part is an overview of the crime of providing venues for drug users.This part mainly analyzes the concept of the crime,explains the origin and the legislative vicissitude of the crime and the difficult problems faced by current crime in judicial practice.The second part mainly analyzes the problems existing in the identification of the crime,puts forward existing controversial issues,and clarifies the author's view points.The third part mainly analyzes the problems in the objective aspects of the crime.It mainly analyzes and demonstrates the meaning of "shelter",the expressive form of the behavior,the external environment,and the special form of tolerance.I creatively put forward that shelter should include not only shelter form the external environment,but should also include half open spaces.Shelter special forms must be on the premise of place attachment and a series of views.The fourth part mainly analyzes the difficult problems existing in the subject of the crime.It mainly discusses whether the near relatives and units can constitute this crime.Close relatives shall be excluded from the scope of punishment of this crime.The unit shall be included in the subject of punishment of the crime,and the provisions of the prohibition of employment shall be applied to its principal responsible persons while imposing heavier penalties on them.The fifth part mainly analyzes the subjective problems of this crime.It mainly analyzes whether the indirect intent constitutes this crime and whether it needs a specific purpose,and puts forward the author's views and viewpoints combined with the relevant cases.The sixth part mainly analyzes the relationship between this crime and other crimes,competition and the situation of concurrent punishment.The seventh part is mainly aimed at the current the current single crime legal punishment and sentencing patterns,sentencing system against this crime,the writer lists some creative sentencing should take account of the plot,and creative reconstructed legally-prescribed punishment of this crime,the suitable to push this crime in judicial practice,the better the fight against drug crime,maintaining social order.