The Reasonable Definition Of The Punishment Scope Of Crimes Of Sheltering People Taking Drugs

The Criminal Law in our country expressively provides for the crime of sheltering others to take drugs,that is,to make the "asisstant behaviors",which means providing a forum for drug abuse.This sever crackdown is of great significance to drug regulation of drug-ralated criminal activities.However,whether the legislation itself,or in the judicial practice on the application of the shelter drug crimes,it is not difficult to find that the crux of the problem:the current crimes and its applicable rules in China’s Criminal Law still can’t to shelter a behavior and make appropriate cover into sin.Excessive range of penalties is an indication of the expansion of the Penalty right,which directly leads to an excessively wide range of combat of this crime,and behaviors that do not belong to "sheltering" are included in the regulation of criminal law.It is not conducive to the fairness or justice.I myself through analyzing the current law of reading,and the interpretation of criminal law theory and the typical cases in the judicial practice and observe.I hope to be able to put forward my own insights and topic,in order to this crime punishment range of follow-up study can help.The contents of the article is as follows:The first chapter mainly discusses legislation present situation of shelter others drug crimes,from the Angle of criminal law interpretation,analysis the legal meaning and essence of "shelter",this crime is emphatically discussed the infringement of legal interests and its into the rationality and necessity of sin.The second chapter mainly discusses the controversial shelter in the judicial practice behavior such as a special subject of shelter,not as a shelter,network space and summarized the case and from the legal and analysed on it.From the point of view of theory to practice,this paper analyzes the existing problems in the scope of punishment.The third chapter to the shelter others drugs crime punishment scope is too wide to explain the cause of:one is affected by long cure poison of criminal policy in China,two is due to the lack of clarity and legal concept explanation of different lead to apply the results of different;The fourth chapter is mainly based on problems in the law itself and the practice,theory of drug crime punishment scope restrictions shelter others path analysis,which shows the rationality and possibility and choice,finally goes to distinguish between different types of shelter behavior and not as a form of passive shelter conducts a reasonable limit.The scope of obligation should be reasonably determined when"shelter" is included in the scope of criminal law in the form of non-crime.