Study On The Applicable Conditions Of The General Probation

Drug recidivism refers to the crime of smuggling of drugs,drug trafficking,drug trafficking,drug trafficking,and illegal possession of drugs.It has once again violated the provisions of Section VII of the Criminal Law.a criminal of drug crimes.Drug recidivism has the characteristics of attachment,harm and gravity.The main body of drug recidivism is generally the subject of natural persons.The unit also establishes drug recidivism under certain conditions.The criminal law of China has only imposed restrictions on the crimes of drug recidivism.There is no time interval restriction.The conditions for drug recidivism and recidivism are very large.Differences,the extension of recidivism does not completely include drug recidivism,and drug recidivism has an independent legal status.The provisions of the Criminal Law of China on drug recidivism apply only to those who have reached the age of 18 at the time of the pre-crime and exclude the application of a person who is under the age of 18 at the time of the crime.“Submission of sentence” shall include: the sentence has not been executed after the judgment takes effect,the penalty is being executed,the penalty has been executed or pardoned,and the restriction should not be interpreted.If a drug recidivism coincides with a general recidivist,and at the same time it complies with the provisions of the two,it should first apply the penalties of the criminal law on general recidivism,and no longer recognize it as a drug recidivism,and when it does not meet the constitutional requirements of the general recidivist,When the drug recidivism is regulated,the drug recidivism provisions apply.The heavier punishment for drug recidivism should follow the principle of legality of crimes and punishments,adhere to the principle of unanimity of crimes and punishments,and should also investigate their personal dangers and include them in the consideration of sentencing factors.The existence of drug recidivism in China’s criminal law is not scientific,the scope of pre-crime is too narrow,the time conditions are loose,and the subject qualification is unknown.Therefore,in legislation,it should be promoted to the status of the general rule,so as to avoid the omission of evaluation of drug recidivism.At the same time,it is necessary to expand the scope of pre-crime crimes,and expand the scope of pre-crime to be consistent with subsequent crimes to ensure the coordination between pre-crime and post-crime,and to unify the scope of crime before and after drug-related crimes.All the crimes stipulated in Section VII of Chapter VI are limited to the maximum effect of drug recidivism.It is also necessary to strictly define the time conditions for drug recidivism.It is suggested that the time limit for drug recidivism should be the same as that for ordinary recidivism,that is,during the execution of the sentence after the sentence is sentenced and within 5 years after the execution of the penalty or the pardon.In addition,it is necessary to clarify the main qualifications of drug recidivism,and it is recommended that the legislation stipulate that minors do not apply the drug recidivism system.