The Research On Of Drug Recommitment In China

Article 356 of China’s Criminal Law provides for the recurrence of drug crimes,which is theoretically called drug recurrence.As a statutory aggravating circumstance,it reflects the country’s determination to fight drug crimes.Those who commit drug-related crimes should be given heavier punishment,which also reflects the concept of individualization of punishment and standardization of punishment.The basis of criminal responsibility for drug recidivism needs to be grasped from two main aspects: philosophical basis and legal basis.Relative freedom of will is the philosophical basis for drug reoffenders to bear criminal responsibility,and its legal basis is the conformity of the constitutive requirements for drug reoffending.In order to establish drug recidivism,five conditions must be met: quality of crime,subjectivity,time,subject and jurisdiction.In the judicial determination of drug recidivism,the author believes that Article 356 of the Criminal Law is only applicable to cases that do not constitute recidivism,so when resolving the coincidence between drug recidivism and general recidivism or drug recidivism,it should be handled in accordance with the provisions of recidivism.After the " Wuhan Minutes" was published,the penalty for drugrelated recidivism has become more and more rigid in judicial practice,and there is less and less room for probation and parole for drug-related recidivism.However,the author believes that the criminal law is the golden principle of criminal law.When the law does not expressly prohibit its application,it cannot rule out the possibility of probation and parole for drug recidivism.From the perspective of encouraging criminals to actively accept education and reform,the parole system should also be appropriately applied.In short,many problems of drug recidivism are controversial and can be discussed.This article will focus on the main issues selected.This paper consists of four parts,specifically as follows:The first part is an overview of drug recidivism.This part mainly focuses on the definition of drug recidivism and related concepts,the legal nature of drug recidivism and the classification of drug recidivism.This part focuses on the legal nature of drug recidivism,that is,to evaluate Article 356 of the Criminal Law,and to analyze drug recidivism from different angles so as to enrich the understanding of drug recidivism.The second part discusses the basis of criminal responsibility for drug recurrence.As criminal responsibility is a big and complicated problem,the author focuses on the basis of criminal responsibility for drug recidivism and tries to explain the criminal responsibility of drug recidivist from the perspective of philosophy and law.Since the academic circles have not separately discussed the basis of criminal responsibility for drug recidivism at present,the author hopes to make some useful attempts in this respect.The third part is to study the problem of drug recidivism in judicial application.This paper specifically discusses the problem of coincidence between drug recidivism and general recidivism,drug recidivism and its treatment,as well as the reason why minors do not constitute drug recidivism.The author hopes to respond to the difficult problems in the judicial determination of drug recidivism in theory and judicial practice through the discussion of these three aspects,and give his own views.The fourth part mainly discusses two difficult problems in the application of punishment to drug offenders,that is,whether probation can be applied to drug offenders? If so,what are the reasons and specific conditions for probation? Can parole be applied to drug offenders? If so,what are the reasons and specific conditions for parole? The author hopes to talk about some of his views and insights through these two controversial issues.