An Empirical Study On The Crime Of Drug-taking As A Shelter For Others

In recent years,there has been a significant increase in the number of cases involving the admission of others to drug abuse.According to the White Paper on drug control of the People's Court(2012-2017),the number of such cases concluded by the courts at first instance nationwide has increased from 7,761 in 2012 to 30,819 in 2016,an increase of 2.97 times in five years,the proportion of such cases in total drug offences also increased from 10.17 per cent in 2012 to 26.22 per cent in 2016.The explosive increase in the number of cases not only reflects the high incidence of drug-related crimes in China,but also reflects the seriousness of drug abuse.Drug abuse can not only breed property crimes such as robbery,robbery and theft,but also induce serious crimes such as intentional wounding,intentional injury and endangering public security by dangerous means.But the behavior of allowing others to take drugs is undoubtedly to facilitate the occurrence of these harmful acts,so the behavior should be regulated by law.However,China does not treat drug-taking behavior as a crime,but to help drug-taking behavior to be regulated by the Criminal Law.Although this is to deal with drug abuse,crime,etc.this method should be regulated.Although the crime of accepting others to take drugs was written into the Criminal Law in 1997,its case quantity ranks the second place of the whole drug crime in our country,accounting for 26.12% of the total.With the gradual increase in the number of cases,it has aroused people's concern,but also exposed a lot of problems in judicial application.Since the crime was sentenced in 1997,the legislator has not modified its provisions,it has been in the form of simple charges,in the absence of relevant judicial interpretation,it is easy to cause people's misunderstanding,the scope of application of the crime of accepting others to take drugs is expanded,and the behavior of accepting certain drug users is also brought into the scope of control of the crime.In addition,the main penalty of this crime has been extended from the control penalty to the fixed-term imprisonment,and the additional penalty is an unlimited fine penalty.This way of setting up the statutory penalty gives the judge great discretion,and in the case of imperfect sentencing standards,will certainly lead to sentencing non-standard,affect judicial justice.Therefore,from the perspective of Case Analysis,this paper uses SPSS statistical method to carry out data statistics,and analyzes the existing problems on the basis of combining theory with practice,and puts forward corresponding countermeasures and suggestions,so as to perfect the crime of letting others take drugs in our country.In addition to the introduction and conclusion,this article is divided into four parts.The first part is a summary of the drug-taking crime of hosting others.First of all,the author introduces the Constitution of the crime of keeping others to take drugs;second,introduces the historical evolution of the crime to pave the way for the following writing.The second part is the case data analysis of drug-taking crime.In this part,the author mainly uses the statistical method of SPSS to analyze the basic situation of the host,the application of the admission criteria,the scope of punishment and the punishment of the crime in the 350 cases selected in this paper,so as to reflect the status quo of the judicial application of the crime of holding other people to take drugs.The third part is the analysis of the judicial application of the drug-taking crime.This part is mainly summarized and analyzed from the second part of the judicial status quo of the crime of holding other people to take drugs,it is also found that the scope of application of the crime is too wide,the conditions of conviction are not standardized,the main penalty is heavier,the amount of fine is more mechanical,and the circumstances of sentencing are sometimes absent.The fourth part is the suggestion of perfecting the crime of keeping others to take drugs.This part is mainly for the third part of the analysis of the problems and proposed solutions.This part is divided into two parts: the part of advice on conviction and the part of advice on sentencing.One of the recommendations is to criminalize the admission of certain drug users and to further improve the application of the admission criteria in judicial interpretation.The other is to improve the sentencing criteria,to make the application of the principal punishment moderate,and reasonably determine the applicable range of the amount of fine,as well as in the application of various circumstances of sentencing,we should follow certain rules of order.