Drug Reoffending Study

Drug recidivism is a legal recidivism in criminal law,and it is a legal circumstance of heavier punishment.The judicial practice has repeatedly changed the provisions on the determination of the concurrence between drug reoffending and general recidivism.The academic and judicial practice circles have great disputes on the nature of article 356 of the criminal law,the concurrence between drug reoffending and general recidivism,and the applicability of drug reoffending to minors.In this paper,through the overview of drug recidivism,the legal consequences of drug recidivism,the competition and cooperation between drug recidivism and general recidivism,and the identification of drug recidivism of minors,the author puts forward Suggestions on the improvement of drug recidivism system,so as to better play the role of drug recidivism system in preventing and punishing drug crimes.This paper is divided into five parts.The first part is an overview of drug recidivism.The research status of drug recidivism:the legal attribute of drug recidivism is disputed between the theory of drug recidivism and the theory of drug recidivism.The establishment condition of drug reoffending includes subjective condition,objective condition,time condition and subject condition.In the judicial practice,the stipulation on the identification of drug reoffending and recidivist changes repeatedly,and there are also disputes about"simultaneous reference" and "alternative application" in the theoretical circle.The legislative perfection of drug recidivism focuses on three aspects:advocating expanding the culpability of the former crime,limiting the time interval between the former crime and the latter crime moderately,and clarifying that the provisions on drug recidivism are not applicable to minors.In general,the research on the theoretical basis of drug recidivism has not been paid much attention.The author argues that article 356 of the criminal law should be recognized as drug reoffense from three aspects:the content of the article,the position of article 356 of the criminal law in the criminal law and judicial practice.The qualitative condition for the establishment of drug reoffense is that the former crime is articles 347 and 348 of the criminal law,and the latter crime is articles 347 to 355 of the criminal law.The subjective condition is direct intention;The time condition is that the previous crime has been sentenced,and the judgment has been effective,there is no time interval before and after the crime;Subject condition includes natural person and unit.The second part discusses the legal consequences of drug relapse.Drug recidivism is a legal circumstance of heavier punishment,and its legal consequence has legal character.The basis of heavier punishment for drug reoffending lies in making up for the shortage of the penalty amount for drug reoffending for the first time,so as to realize the special prevention function of penalty.Any repeat drug offender shall be given a heavier punishment.The third part discusses the competition and cooperation between drug reoffending and recidivist.The juridical identification of the concurrence of drug reoffending and recidivist has undergone the changes of "citing recidivist","simultaneously quoting" and "simultaneously quoting,but only from the same time",and there are also disputes of "simultaneously quoting" and "selecting one application"in the theoretical circle.By distinguishing the boundary between legal competition and imaginary competition,the author demonstrates that the relationship between drug reoffending and general recidivism is legal competition and cooperation.The fourth part is the specific application of drug reoffending,taking juvenile drug crimes as an example.The causes of the dispute over juvenile drug reoffending are:first,the legal provisions on whether juvenile drug reoffending can be constituted are not clear;second,the "heavier and stricter" drug reoffending is in conflict with the criminal policy of "lenient punishment" for juvenile drug reofFending.The author discusses that minors should not constitute drug recidivism from three aspects:the principle of competition and cooperation of articles of law,the principle of light weight lifting of criminal law and the provisions of the United Nations minimum standard rules on juvenile justice that China has joined.The fifth part is to perfect the system of drug recidivism.The author from expanding the scope of the crime before limit time interval before and after the sin,clear behavior constitute general recidivism and drugs it again at the same time,is only for general terms of recidivism,clear minors shall not apply to the drugs make the regulation,who were to redefine,improve the mitigation of sin conditions before and after,five aspects suggested to redefine the drug it again.