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Study On Subjective Issues Of Crime Of Illegally Holding Drugs

Posted on:2020-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2416330623453652Subject:Criminal law
Abstract/Summary:PDF Full Text Request
The illegal possession of drugs is an indication that drugs are still illegally held and a large number of acts.The illegal possession of drugs as a criminal offence of drug crimes has played a role in cracking down on drug crimes and strict law networks to a certain extent.However,because the crime of illegal possession of drugs is a special type of crime,and the criminal law provisions concerning the crime are mostly vague,which causes many problems in subjective identification,the academic circles have a lot of controversy.With the increasing diversification and concealment of the criminal means of drug-related crimes,it is increasingly difficult to obtain evidence for drug-related crimes in specific judicial practice,and the crime of illegal possession of drugs,which is a criminal offence,has gradually occupied the criminal law.The main theme of drug crime regulation,especially in the case of illegal possession of bulk drugs by the perpetrators,is difficult to achieve the compatibility of crimes and punishments.Then,under the current situation of drug crimes,how to correctly understand the subjective aspects of this crime,how to clarify the relationship between this crime and other drug crimes,how to better apply this crime is worth considering and studying,therefore,the main contents of this paper are as follows :The first chapter systematically sorts out the various problems identified by the subjective aspect of illegal possession of drugs,including the subjective crimes,the theoretical controversy of applying strict liability,the vagueness of subjective intentional content,and the “dynamic” drug possession of drug users.Applicable disputes,the criminal law system for illegal possession of bulk drugs,and the trend of the application of the criminal offences.Then it elaborates the evaluation position that needs to be adhered to in order to solve the above problems,that is,insisting on the unique nature and independence of this crime,and in the context of the criminal policy of "tempering justice with mercy" in our country,the crackdown on this crime and even drug crimes should not be Abandon the goal of "strike hard".The second chapter mainly discusses the subjective aspects of the illegal possession of drugs.The first section discusses the sin of this crime.One is the clarification of subjective intentional content,and the other is the theoretical dispute between sin liability and strict liability,involving the illegal possession of drugs,which cannot be rigidly adhered to the subjective and objective consistency.It is also impossible to assume strict liability for objective blame and to circumvent the deficiencies of the two theories to make appropriate improvements.The second section considers the criminal purpose of this crime,first analyzes the subjective purpose of the related drug crimes;secondly,through the legislative investigation and academic analysis,the conclusion that this crime should contain the specific criminal purpose can be expressed as “holding For personal use";Finally,it was discussed that there are two main ways to prove this specific purpose,namely direct proof and reasonable presumption,and to solve the problem of drug users' "dynamic" possession of drugs by specific purpose distinction.The third chapter puts forward suggestions on the legislative improvement of the subjective aspect of the illegal possession of drugs.When illegal possession of bulk drugs occurs,it is not appropriate to characterize the perpetrator as illegal possession of drugs.It is reasonable to establish a subjective criminal presumption of the illegal possession of drugs.It will be difficult to prove that other drug-related crimes are Theperpetrator of a large amount of drugs is presumed to have the subjective purpose of drug trafficking,and thus is identified as a drug trafficking offence.This presumption can be made in the form of “quasi-presupposition”,which does not hinder the integrity of the drug crime legislation,and can also control the tendency of the crime to be magnified and applied to some extent.
Keywords/Search Tags:illegal possession of drugs, subjective sin, specific purpose, quasi-legal presumption
PDF Full Text Request
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