Understanding And Application Of Drug Recidivism

The drug problem seriously endangers people's health and disturbs people's life.Cracking down on and preventing drug crimes has a bearing on people's well-being.At present,the problem of drug crime is becoming more and more serious,which has brought great negative impact on social stability and development,and has troubled the overall development of China's economy and society.General secretary Xi Jinping has made important instructions on many occasions to resolutely crack down on drug crimes,intensify efforts to combat them,destroy drug gangs and drug-related forces,and resolutely win the fight against drugs.As the problem of drug crime becomes more and more serious,the problem of drug recidivism becomes more and more serious.Drug recidivism means that drug crimes are committed many times.Drug recidivism is an important legal sentencing circumstances,which will be heavier punishment in the sentencing with the law,it also demonstrates the country's strict and heavy policy in combating and preventing drug crimes.The current criminal law directly absorbed the relevant provisions of the decision on drug control in 1997,thus establishing the relevant content of article 356 on drug recidivism.However,in terms of the legal attribute,constitutive elements,recidivism and drug recidivism,and judicial application of the penalty balance of drug crimes,there are more controversial issues in both theoretical and practical circles,which are also the focus of the criminal policy of "severe crackdown" on drug crimes.This article from recidivism and drug recidivism according to the theory of analysis of relevant cases,combined with China's criminal law on drug,make specific provisions and judicial application of drugs make the constitutive requirements and applicable study punishment,so as to find the regulation of our country on drug recidivism on the problems existing in the legislative and judicial,and further perfect suggestions are put forward.Thus according to the present our country about the current situation of drug recidivism in drug crime,draw lessons from other regions and countries in the aspect of drug crimes in the legislative and judicial,and put forward modify "Criminal Law" Article 356 the provisions of the relevant drug recidivism.In order to further improve the legislative and judicial deficiencies of drug reoffending in China,to prevent,combat and punish drug crimes,to add bricks to the anti-drug cause,and resolutely win the anti-drug fight.This paper discusses from four parts,specifically as follows:The first part mainly studies the theories and attributes of drug reoffending in drug crimes.Firstly,the establishment and concept of drug reoffending are summarized.Then it discusses the three objective requirements of former crime and later crime,time limitation and subject qualification,then discusses the subjective requirements of drug crime,and discusses the constitutive requirements of drug recidivism in combination with the objective and subjective aspects.Finally,the legal nature of drug reoffending is discussed.The second part is the analysis of drug recidivism samples.Statistics and analysis are mainly conducted on 700 cases in 14 provinces,focusing on the statistical analysis of crimes before and after the statistics,the time interval between the two crimes,the types of punishment,the term of sentence and the application of the statistics.The third part expounds the problems existing in legislation and judicature of drug crime.On the one hand,the author discusses the unreasonable conditions and setting of drug recidivism.Among them,one is whether the scope of the former crime stipulated by drug recidivism conforms to the current situation of drug crime;The other is whether the time interval between the former crime and the latter crime is reasonable.On the other hand,it is unreasonable to apply related penalty to drug crime.Among them,one is the problem that the applicable provisions of probation for drug recidivism are not clear;Second,the application of the death penalty for drug offenders.The fourth part is to adhere to the principle of combining theory with practice,in view of the problems existing in the legislation and judicial practice of drug recidivism,puts forward the legislative and judicial suggestions to improve the criminal law of our country on drug recidivism.