Research On Criminal Law Cognizance Of Organizing Network Drug Abuse

Organizing network drug abuse is the hardest hit by network drug-related cases in recent years,and it is also the focus of the Ministry of Public Security's concentrated efforts to combat drug-related activities.However,due to the fact that the criminal law conclusion of the act is not clear enough,the anti-drug practice is facing difficulties.Before the promulgation of the Supreme People's Court's "Interpretation of Several Issues Concerning the Application of Laws in the Trial of Drug-Criminal Cases",there were three views on the identification of the behavior in the theoretical circles: "administrative punishment theory","additional new crimes" and "tolerance expansion theory".The introduction of the above judicial interpretation introduced a new point of view,namely "the crime of illegal use of information networks." However,the introduction of the judicial interpretation did not quell the theoretical controversy,and whether the provisions of the judicial interpretation itself are reasonable are worth studying.The author believes that organizing online drug abuse behavior is a criminal act.When it is criminalized,it must consider the necessity of its legislative system and choose the appropriate criminal law crime.To this end,in the research methods and argumentation ideas,the author combines the specific behavior patterns of the organization network drug abuse cases to analyze,and at the same time take the purpose of explaining the superior position of the hermeneutic method,starting from the substantive interpretation.In addition to the introduction and conclusion,this article is about 26,000 words and is divided into five parts:The first part is the factual basis for the criminal law identification of the organization of drug abuse.This part first introduces the behavioral characteristics of the organization's network drug abuse cases,and concludes that the meaning of the organization's network drug abuse behavior is "the behavior of the agent using the information network to set up websites and communication groups for organizing illegal activities such as smoking and injecting drugs.".Secondly,according to the actual situation of such illegal and criminal acts,the author divides the organization of network drug abuse into two categories.One is the behavior of the actor who both organizes drug use and provides cyberspace at his disposal,and the other is that the actor only organizes Drug abuse but does not provide the behavior of cyberspace at its disposal.Finally,the author has compiled a case in which the public securityorgans of the country have cracked down on Internet-related drug-related criminal activities since 2011,expounding that the number of cases of organizing network drug abuse is very alarming,and the behavioral situation is more extensive,but for the organizer of such behaviors,the criminal law system is facing a dilemma.The second part is the practical difficulty in identifying the criminal law of network drug abuse.The reason why the criminal law of organizing network drug abuse behaviors has produced a wide range of opinions is,first of all,because some commentators are not sure about the behavior patterns of organizational online drug abuse cases.If the discussion is based on the pattern classification of the first part,its identification difficulties include the legal recognition of the drug use behavior of the organization network,the identification of the constituent elements of the organization's network drug abuse behavior,the choice of crime and the identification of the accomplice.Specifically,the difficulty in identifying legal benefits refers to whether the organization's network drug abuse behavior has infringed legal benefits? If it is violated,what kind of legal benefits are infringed? The difficulty in identifying the constituent elements means how should the organizational behavior be understood? How should cyberspace be treated? How should Internet drug abuse be evaluated?Difficulties in choosing a crime mean that if the organization of online drug abuse constitutes a crime,why should it be determined? The difficulty in identifying accomplices means that in the dynamic behavior of Internet drug abuse cases throughout the organization,is it possible for organizers to establish accomplices? Can organizers and participants establish an accomplice? For these problems,due to the lack of clear legal basis,there are different understandings in theory,which leads to difficulties in the identification of criminal law.The third part is the legal infringement investigation of organizing network drug abuse behavior.In this part,the author has separately examined the two modes of organizing network drug abuse behavior.In the act of organizing drugs that organizes both drug use and cyberspace at their disposal,the author refers to such actors as “substantial organizers”;in the case of actors who only organize drug use but do not provide cyberspace at their disposal In organizing network drug abuse behaviors,the author refers to such actors as "non-substantial organizers." The legal benefit of drug crimes is public health.The organization's network drug abuse behavior with substantial organizers exacerbated the participants' use of drugs and infringed on the same legal benefits as allowing others to take drugs.In addition,the author reviewed the provisions of Article 14 of the Law Interpretation [2016] No.8,and advocatedthe interpretation of the crime of illegal use of information networks.It is considered that it is difficult to criminalize the organization of online drug abuse as illegal use of information networks.coordination.In the organization of network drug abuse without substantive organizers,the author believes that pure drug abuse behavior can not be compared with other cluster crimes first,and secondly,this kind of drug abuse is only the self-harm behavior of the crowd,based on the victim's self-responsibility and Liberal legal order,this kind of behavior should not be regarded as a criminal act,so this kind of organization network drug abuse behavior is not legally invasive.The fourth part is the identification of the constituent elements of the organization's drug abuse behavior.Combined with the conclusions of the third part of the legal infringement investigation,this part only discusses the drug abuse behavior of the organization network with the substantive organizers.Firstly,according to the interpretation of the meaning of the text and the explanation of the system,the author points out that one of the connotations of organizational behavior is to provide a place,which is highly compatible with the meaning of the word tolerance in the crime of addicting others.Secondly,the author examines the judicial interpretation in recent years and finds In the face of cybercrime,interpreting cyberspace as a place is the best way to deal with cybercrime in the new situation,and does not violate the principle of legality of crimes.At the same time,the author draws on extraterritorial legislation and concludes that the crime of drug abuse in the country is to combat all criminal acts that exert force on the use of drugs by providing space.From this perspective,it is not inappropriate to interpret cyberspace as a place.Finally,based on the fact that the actual drug addiction and the network drug use are identical in time and inseparable in behavior,the author demonstrates that the network drug abuse is the true reflection of the actual drug use in the cyberspace,and further demonstrates that the two are homogenous.The fifth part is the analysis of the special problems of organizing network drug abuse behavior.The special problem in organizing network drug abuse refers to the issue of accomplice and the possibility of participants committing other actions to establish a crime.The accomplice problem can also be considered in two levels: the first level is between the organizers.Since the organizers of the organization's network drug abuse behavior can be divided into de facto "group owners" and "administrators" who exercise managerial authority,the two can form accomplices at the level of "organizational behavior".The second level is between the organizer and the participants.The author believes that under the premise of strictrestrictions on the illegal use of information networks,the network drug abuse behaviors implemented by participants are not criminal,and certainly cannot be evaluated as illegal use of information networks,so organizers and participants cannot Establish an accomplice.As for the question of whether participants can implement other acts,it is possible to establish a crime.The author is divided into two situations to discuss.The first is the behavior of participants uploading non-instant drug videos,and the second is the behavior of participants communicating with others about drug abuse.The author believes that the participants' uploading of non-instant drug video should not be considered as a crime under the current criminal law system;and the participants communicate with others about the drug-using feelings,if the behavior of the perpetrator is enough to trigger the drug-seeking desire of others,then It can be regulated by the crime of tempting,abetting,and deceiving others to use drugs in Article 353 of the Criminal Law.