Research On The Criminal Law Identification Of "Drugs" Under The Background Of The Third Generation Drug Spread

Drug is a kind of contraband in the law of our country.Drug crime,as one of the major serious crimes in our country,has always been a major threat to the stability and harmony of our society.Criminal law,as an important basis for criminal fighting against drug-related crimes,has a direct relationship between its legal practice effect and the punishment and prevention of drug-related crimes in China.At present,the world is experiencing the huge impact brought by the third generation of drugs,which is the product of the development of science and technology,and also the inevitable result of drug evolution after many years of replacement.The emergence and spread of the third generation drugs have brought great impact on the global drug control system,and China is also hard to escape.The first one is the criminal regulation system of drug-related crimes,and the first one to be challenged in the criminal regulation system is the delineation of the criminal circle of drug-related crimes,more specifically,the criminal law recognition of "drugs" is facing the challenge of the third generation of drugs.In this paper,the third generation of the spread of drugs as the background of the times,focusing on the "drugs" of criminal law identified the reasons for the problem and the optimization of the solution in this context,in order to the third generation of drug spread era of criminal law in the fight against drug crime can play a full role in maintaining the stability and harmony of our society.In addition to the introduction and epilogue,the full text is divided into five parts.The text is over 40000 words.The first part is about the influence of "drug" criminal law identification on the scope of criminal regulation of drug crimes,and introduces the influence of "drug" criminal law identification on the scope of criminal regulation of drug crimes.It mainly sorts out the regulations on the scope of criminal regulation of drug crimes at the current normative level in China,and draws the conclusion that China’s laws have been quite detailed in the regulation of drug crimes,but there are still great deficiencies in the identification of "drug",which makes it difficult to meet the needs of current drug crime regulation,making the criminal crackdown on drug crimesunable to play its due role in the era of the spread of third-generation drugs.The second part is about the reasons why the determination of "drugs" in criminal law is difficult to meet the requirements of current drug crime regulation.It explores the reasons why the determination of "drugs" in criminal law is difficult to meet the requirements of current drug crime regulation.The main reasons are that the third generation of drugs has the new characteristics that traditional drugs do not have,such as diverse types,fast updating speed,wide sources,and "cross-infection" at home and abroad,and that China’s criminal law and relevant norms have two deficiencies in terms of the definition of "drugs" and the updating of the list and administration.The third part is the definition and control mode of drug outside of investigation and local review,for outside drug definition and column model was investigated,outside the definition of drug model mainly includes the abstract type definition and enumerated type definition model two kinds,outside to deal with new spirit of active material control plan,single-line method mainly includes temporary column tube control plan,shell and tube directory regularly reviewed three.At the same time,this paper compares the more advanced models outside China with the current situation of China,and finds out the "weak plate" of itself.The fourth part is the standpoints and methods of "drug" criminal law.This part mainly discusses the standpoints that should be adhered to in the identification of "drug" criminal law,including the application of blank criminal law for administrative offence and the adherence to the principle of legality,the establishment of drug definition elements under the guidance of legal functions,the adherence to the trend of drug identification type,and the legitimacy of the formulation of drug regulation.The fifth part is an improvement plan for the identification of China’s drug criminal Law.It mainly expounds the improvement plan for the identification of China’s drug criminal law proposed in this paper,including changing the defining elements of drug in Article 357 of the Criminal Law in terms of legal norms,clarifying the schedule of recognized "drugs" in the form of law,trying the model of "regular review + temporary control" in the drug listing and control system,andstrengthening the definiteness of drug identification based on "category".