A Comparative Study On New-type Drug Crime Investigation And Control System Between China And The United States

The drug problem is a serious social issue faced by all countries around the world.Effectively fighting and controlling the drug crime is also a major issue in the progress of crime governance.China is in a new period of social development.As a traditional crime,the nature of the drug crime and the pattern of criminal behavior have been changing constantly.Because of their diverse appearances,the concealment of acquisition and easier production progress,the new-type drug is different from traditional drugs in production,transportation,trafficking and consumption.It also forms a new type of drug crime which is different from the traditional one.As the largest drug market in the world,the drug problem in the United States has always been very serious.The great efforts have been taken by the United States in the new-type drug control will undoubtedly have an inspiration to the new-type drug control work in China.Therefore,this paper believes that a correct grasp of the fundamental strategies of new-type drug control in the United States can provide useful reference and mirror for China's new-type drug control work.In addition to the introduction and conclusion,the paper is made up of four parts.The first part compares the basis of new-type drug crime governance in two countries.Firstly,by clarifying the basic concepts of new-type drugs and relevant crimes in China and the United States,the author points out the shortcomings of current qualitative definition of newtype drugs in China.Then the connotation of new-type drugs and relevant crimes are scientifically defined from the normative level.Secondly,from the angle of practice,it analyzes the conditions of new-type drug crime in our country's judicial practice.Finally,summing up the differences between new-type drug crime and traditional drug crime and analyzing the importance and significance of comparative research.The second part mainly takes the investigation of new-type drug crime as the starting point,analyzing separately the investigation activities in China and America from three aspects: investigation techniques;investigation measures and evidence custody.Through the comparison,it is found that there is a phenomenon that Chinese investigative department neglected the progress of evidence collection,which to some extent has an adverse impact on fighting drug crime.There are also some problems in the custody of evidence,including the rule of certification and concrete methods of custody.The third part is to compare the control mode of new-type drug crime between China and America.As for new-type drug crime,the crime control can be divided into two aspects: reducing the illegal supply of synthetic drugs,that is,investigating system of crime control and reducing the demand for new-type drugs.Comparing China and America,we can find that in terms of social control,the United States has established a complete medical treatment and community correction system and achieved good results.However,new-type drug crime control system established in China does not attach importance to the guiding role of social control,but only stays in the education stage of basic synthetic drugs.As far as the legislative control of new-type drugs is concerned,compared with the concept of medical rehabilitation in the United States,the relevant anti-drug legislation in our country is closely related to the criminal policy in a specific period.On the whole,we still emphasize the punishment on drug crimes.To a certain extent,the view of "severe punishment and drug control" has been accepted by the public.The fourth part focuses on the theoretical construction of crime investigation and control toward new-type drugs in China.The drug governance in China started relatively late.In the level of crime control,there is the phenomenon of “emphasizing fighting than prevention,measures than results,prevention than education and treatment”.For the investigation aspect,the government also ignored the importance of investigation direction and evidence-collecting rules.To this end,we need to focus on the construction of China's new-type drug investigation and control system.