The Research On The Application Of Drug Recidivism

Drug crime is a criminal offence with multiple,repetitive and serious crimes.In recent years,China has always taken a criminal approach to drug crimes,but drug crimes have been repeatedly banned.Drug recidivism is a special case of drug crimes,which is stipulated in Article 356 of the Criminal Law,which plays a fundamental role in the judicial practice of drug recidivism.In addition,relevant judicial interpretations and meeting minutes play a certain role in guiding and supplementing the understanding and handling of drug recidivism."Recidivism" is not a criminal law concept in the strict sense,but China's criminal law has only imposed additional legislative provisions on drug recidivism.It seems that the recidivism of drugs is unusual in the field of criminal law.In theory,there has been a debate about the recidivism of drugs;in judicial practice,there is also some controversy about the application of drug recidivism.This article is mainly based on the position of judicial application,to explore the related issues of drug recidivism,which is divided into five parts.The essay defines the concept of drug recidivism,then compares and distinguishes the concepts of "recidivism" and "recidivism" and "recidivism".The legal nature of drug recidivism was clarified,and the "drug recidivism" was advocated.Drug recidivism should not be confused with drug recidivism.The second part analyzes the constituent elements of drug recidivism.The third part explains the legal application of the situation of drug recidivism and recidivism.The author combines the real cases in the judicial judgment to explain the disputes in the case of drug recidivism and recidivism,from the two aspects of satisfying the drug recidivism and satisfying the general recidivism and satisfying both the drug recidivism and the special recidivism.The applicable principle of combining drug recidivism with recidivism.The fourth part studies the judicial determination of minor drug recidivism.The fifth part explains the application of the penalty for the drug recidivism system.The author mainly explains from three aspects.The author mainly explains from three aspects.Firstly,the application of probation for drug recidivism should meet the formal conditions and substantive conditions.Secondly,the drug recidivism should be strict and the property punishment should be applied.Thirdly,the drug recidivism must be limit the application of the death penalty,the author advocates the abolition of the death penalty for drug recidivism in the near future...