An Empirical Study On The Crime Of Illegal Possession Of Drugs

The crime of illegally holding drugs refers to the illegal behavior of violating the State Drug Administration regulations,knowing that it is illegal,such as opium,heroin,methamphetamine or other drugs.Is China's "criminal law" provisions of article 348 th of the criminal and belongs to an independent charge in drug crimes,features,and reveal the trap of interception,plays a very important role in the fight against drug crime and safeguarding social order.But the crime of illegal possession of drugs of crime constitute,in the subjective and objective aspects of determination and conviction and sentencing in the judicial practice there are many problems,especially the problem of knowing and presumption,serious conviction and sentencing,so it is necessary to further research and discussion.In this paper,the case of 975 Cases of illegal possession of drugs in Yunnan Province in recent three years is the object of empirical research,and the statistics and research of large data are made.Analysis of Yunnan Province,the crime of illegal possession of drugs judicial status,characteristics and laws,and then summed up problems of the crime of illegal possession of drugs in judicial practice,and judicial organs in handling cases of illegal possession of drugs,some controversial problems and often encountered,combined with the criminal law and the April 11,2016 implementation of the "Supreme People's the court on Several Issues concerning the trial of drug crime case applicable legal interpretation" and the May 1,2017 trial of "the Supreme People's Court on common crime sentencing guidelines(two)",has analyzed and discussed the pertinence,combining theory with practice,to perfect the crime of illegal possession of drugs and put forward the corresponding suggestion.The content structure of this paper is as follows: in addition to the introduction,there are four parts in this paper.The first part: an overview of the crime of illegal possession of drugs.The form of crime is deeply analyzed,and the identification of the difficult problem of illegal drug possession is followed,which is mainly aimed at the characterization and discussion of drug possession by two special groups: drug addicts and drug traffickers.Finally,The similarities and differences between the more in-depth and detailed analysis of the crime of illegal possession of drugs and smuggling,trafficking and transporting drugs and crime of harboring,transfer,conceal drugs poison crime of bribery.Part two: illegal possession of drugs in Yunnan province Analysis of the present situation of criminal cases.Statistics and analysis of the cases of illegal possession of drugs in Yunnan Province are carried out from three aspects.First,statistics and analysis are carried out from the basic situation of the defendants,including the household registration of the defendants.Statistics on criminal punishment records,crimes involved in criminal penalties,and other issues,with emphasis on statistics on recidivism and recidivism of the accused;second,statistical analysis of crime and punishment,including the types,quantities,and combined punishment of several crimes in possession of drugs,The statistics and analysis of sentencing circumstances,including bail pending trial,surrender,meritorious service,probation and so on.Part three: illegal possession The outstanding problems in the practice ofdrug crime trial are the ambiguity of subjective presumption of knowledge,the imbalance of sentencing,the narrow and general definition criteria of "serious circumstances" stipulated in the judicial interpretation,This paper expounds the outstanding problems existing in the current judicial practice from the four aspects of the lack of applicable standard for the applicable amount of fine.Part 4th is the thinking of perfecting the crime of illegal possession of drugs,Adhere to the guiding ideology of the combination of criminal law theory and judicial practice,and put forward more pertinent suggestions and measures.