The Identification Of Juvenile Delinquency And Drug Reoffending

With the increasing rate of recidivism in drug crime,drug recidivism system was established in the 97 criminal law.This system has strictly cracked down on criminals who have already had a criminal record of drug crimes and have committed drug crimes again.However,the law was explicitly stipulated whether minor,a special group,constitutes drug recidivism.In recent years,the minors drugs crime cases have shown increasing trend.Therefore,a lot of disputes have arisen in the theoretical and judicial practice circles such as whether the criminal record of a minor being sealed can become a criminal record of drug recidivism and whether minors can constitute drug recidivism.In theory,judgment of minors' previous conviction is directly related to the identification of drug recidivism.In practice,it also helps to solve the problem of various standards of jurisdiction in judiciary authorities.Therefore,it is of great theoretical and practical significance to study the minors' crime record and the identification of drug recidivism.In addition to the introduction,this paper is divided into four parts,with a total twenty thousand words.The first part introduce the basic situation of the case.During the process of hearing the case,parties of prosecution and defense mainly disagreed on whether Zhang belonged to drug recidivism on the basis of sentencing.The prosecution considered that belonged to a drug recidivism,while the defense did not consider it a drug recidivism.Therefore,there are three focuses of dispute: firstly,whether sealed criminal records of minors in China can be used as drug recidivism;secondly,does minor drug recidivism contradict with china's recidivism system;thirdly,whether minors drug recidivism violates China' s criminal policy of insisting on leniency for minors crime.The second part is the legal analysis from the perspective of the interpretation of system of criminal law.Firstly,The minors' drug recidivism system is in contradiction with the statutory statute of exemption from the criminal report stipulated in the criminal law and specific regulations of the criminal sealed records system of minor crimes in the new criminal procedure law.In addition,If minors are to apply the drug recidivism system,it will definitely cause contradictions between drug recidivism and recidivism and penalties.Thirdly,the application of a drug recidivism system to minors will not meet the principle of criminal responsibility and punishment,which will increase the criminal responsibility of minor crime.At last,in terms of the criminal policies,the application of the drug recidivism system to minors violates the criminal policy of leniency of minor crimes.The third part is the analysis and conclusion on this case.In this part,based on the legal analysis and detail of the case,the author holds that Zhang should not constitute a drug recidivism from the perspective of the related system and lenient criminal policy.Firstly,China adopts lenient criminal policy on minor crime.Firstly,Zhang's two drug crime criminal cases occurred in the minor period.Therefore,The application of drug recidivism also violates the criminal record preservation system of minors and the recidivism system.In addition,China adopts lenient criminal policy to minor crime.Because Zhang was a minor in the criminal record,he should be treated with the leniency of the law.Therefore,Zhang should not apply the drug recidivism system.The fourth part is the enlightenment of this case.This case is only one of the difficult case.It is important to solve this case,but it is more important to study its underlying causes.Only in this way,can we radically resolve the problem that minors should not apply drug recidivism.In conclusion,the author holds that the Supreme People's Court and the Supreme People's Procuratorate urgently need to issue relevant judicial interpretations to clear that minors should not constitute drug recidivism in order to guide judicial practice.The leniency of minor crime has been widely recognized by the international community.The United Nations General Assembly protects the rights of minors through various rules.However,China also upholds the principle of education first and punishment second to minors.Accordingly,as a special group,minors should receive the special protection and do not apply drug recidivism system in China.