The Research On Judicial Identification Of New-type Drug Crimes

The continuous renewal of new type drugs and the increasing number of drug-related crimes objectively increase the difficulty of the state in combating drug-related crimes,and put forward higher requirements for the application of drug-related laws.In this context,it is of great theoretical and practical value to conduct in-depth research on the difficult issues arising in the process of identifying new type drugs.In theory,it is helpful to make up for the defects of the rules for identifying the nature and quantity of new type drugs and enrich the theoretical basis for the study of new-type drug crimes.In practice,it is helpful for judicial staff to define new type drugs accurately and to judge related cases fairly.There are more than 41,000 words in this paper,which is divided into four parts.This paper mainly discusses the clarification of the basic problems of new type drugs,the defect analysis of the judicial cognizance standard of new-type drug crimes,the elaboration of the position of perfecting the judicial cognizance standard of new-type drug crimes and the specific path of perfecting the judicial cognizance.The first part is to clarify the basic problems of new type drugs.The main content of this part is the summary and characteristic analysis of new type drugs.First,an overview of new type drugs.This paper mainly discusses the concept and classification of new type drugs.Secondly,the characteristics of new type drugs are analyzed.This paper mainly discusses the characteristics of the rapid growth of the total amount of new type drugs,the continuous renovation of types and the complex and changeable composition of new type drugs.The second part is about the defect analysis of the judicial identification standard of new-type drug crimes.This part is mainly divided into the defect analysis of the identification of the nature of new type drugs and the defect analysis of the identification of quantity.First,the defect analysis of the identification of the nature of new type drugs.Defects of nature identification can be divided into two aspects.vague legal definition of drugs and the administrative regulation of drug recognition is seriously lagged.The non-representativeness and inaccuracy of the definition of abstract concepts listed in the law lead to the vague legal definition of drugs;the slow response of the catalogue and the confusion of the arrangement of the categories of the catalogue lead to the inability of the administrative regulation of drug identification to effectively deal with the new problems arising in the process of drug crime.Secondly,defect analysis of new type drugs quantity identification.The shortcomings of quantity determination lie in the absence of some quantitative standards for drugs,the lack of rationality of quantitative determination standards for neglecting purity,and the fact that the amount of serious crimes in the current sentencing standards for drug crimes is less than the amount of circumstances.The criminal law does not stipulate the sentencing standards of some new type drugs,and the provisions of judicial interpretation can not cope with the changing speed of new type drugs,which leads to the lack of specific sentencing provisions for some new type drugs in judicial practice.The current standards for determining the number of drugs ignore the provisions of purity factors,which is not conducive to the correct application of penalties,nor to the new ones.Effective response to the situation of drug production;the current drug crime sentencing standards attach importance to the amount of drugs while ignoring non-amount circumstances,resulting in the imbalance of drug crime sentencing and difficulties in judicial application of non-amount circumstances.At the same time,the absolutely fixed amount of drugs is too rigid,leading to the emergence of drug quantity standards difficult to adapt to the changing situation of new type drugs,ignoring regional differences in drug crime situation,and easy to cause contradictions between the stability of criminal law and the principle of crime and punishment compatibility.The third part is to improve the position of judicial cognizance of new-type drug crimes.To improve the judicial determination of new drug crimes,it is a reasonable way to implement the modest and restrain concept of criminal law,pay attention to the effective connection of administrative law and criminal law,concentrate on the typological thinking,adhere to the basic principle of legality,and adhere to theprinciple of timeliness and clarity.The fourth part is about the improvement of judicial identification of new-type drug crimes.This part is divided into specific measures to improve the identification of the nature of new type drugs and specific measures to improve the identification of the quantity standard of new type drugs.First,the specific measures to improve the identification of the nature of new type drugs.Firstly,it accurately expresses the legal definition of drugs,summarizes the definition of drugs from the natural and legal attributes of drugs,and enumerating in the drug catalogue published by the relevant administrative departments.Secondly,the effective regulation of new type drugs should be strengthened.Quickly update the contents of drug control catalogues,speed up the update of drug catalogues,manage drug types in an orderly manner,and classify drugs according to "degree of abuse and medical value" or "addiction,abuse and social harm".Second,the specific measures to improve the identification of new type drugs quantity standards.Firstly,improve efficiency and systematically plan new type drugs quantity determination standards.Common drug types directly stipulate sentencing standards.Other drug types can be converted into common drug types according to conversion formula and then convicted and sentenced.Secondly,it is reasonable to establish a new quantitative standard with purity as the core,expand the scope of drug purity identification,and refine the relevant provisions on drug purity identification.Finally,establishing a sentencing system that pays equal attention to both amount and non-amount circumstances,improve the status of non-amount circumstances in the sentencing system of drug-related crimes and set more flexible sentencing standards for drug-related crimes.The research on judicial identification of new-type drug crimes is of great practical significance both in theory and practice.On the basis of the existing system,combined with the characteristics of the new type drugs itself,the current situation and trend of abuse,it is necessary to find out the defects of judicial identification of the new-type drug crimes,analyze the root causes of the defects,and put forward pertinent suggestions for improvement.