Study On Criminal Punishment Control Of Drug Crime In Pregnant And Lactating Women

In recent years,the number of drug crimes has been high,pregnant women and breast-feeding women as a special drug crime subject,its drug-related crimes are particularly prominent.In judicial practice,pregnant and lactating women,as special groups,are afforded maximum protection by law based on the protection of the fetus and the infant.In practice,their protection is fully reflected in the whole process of criminal proceedings,whether in the adoption of coercive measures,the imposition of penalties or the execution of penalties.Pregnant women and breast-feeding women are often subjected to non-custodial coercive measures after the commission of drug crimes,and are often given a lighter sentence when they are sentenced.Even after a complex and difficult judicial process of sentencing,decisions are suspended from prison in the execution of sentences.However,the strict implementation of protective provisions,due to the relevant supporting measures are not perfect,resulting in the punishment of its punishment is insufficient and difficult to enforce the negative effect of punishment,the effect of punishment control is not ideal,resulting in more and more pregnant women and lactating women in practice to commit drug crimes,become a new problem of drug crimes.Therefore,it is necessary for us to study and analyze the causes of drug crime in pregnant women and breast-feeding women,and then put forward some suggestions on how to improve it.There are five parts.PartⅠ Basic Information Note.Firstly,the subjects were defined as pregnant women and lactating women at the time of crime or trial,and the non-toxic crimes committed by them were excluded from the scope of this study.Secondly,it briefly introduces the research background of this paper,the severe situation of drug crime for pregnant women and breast-feeding women is high and the effect of punishment treatment for pregnant women and breast-feeding women is not ideal.Then it introduces the research methods of this paper,namely case analysis and literature research,combining theory with practice,which makes the research content more targeted.Finally,the sample situation and statistical items are explained.Part Ⅱ Current situation and characteristics of drug crimes in pregnant and lactating women.Through collecting data and cases,the present situation of the crime of pregnant women and lactating women is introduced from three aspects: the number of drug crimes in pregnant and lactating women as a proportion of female drug crimes,the distribution of drug crimes in pregnant and lactating women and the crime situation.The analysis of the collected cases shows that pregnant women and breast-feeding women commit drug-related crimes with the characteristics of being employed to transport drugs,recidivism and recidivism,and re-offending outside prison.Part Ⅲ Current situation and problems of penal treatment for pregnant and lactating women.Based on the analysis of the cases searched,this paper introduces the current situation of punishment from the aspects of compulsory measures,punishment and execution of drug-related crimes by pregnant and lactating women.Part Ⅳ Causes of punishment for drug crimes committed by pregnant and lactating women.On the basis of the third part,we find that the causes of the problems are paying more attention to protection than punishment,paying more attention to light circumstances than heavy circumstances in sentencing the sentencing of the situation and the lack of appropriate penalty enforcement system.Part Ⅴ Improving the punishment system of drug crimes committed by pregnant and lactating women.In view of the above problems and causes,the following four suggestions are put forward.First,we should balance the protection and punishment limits reasonably;second,we should distinguish different situations and measure punishment reasonably;third,we should strengthen the supervision during the period of non custodial compulsory measures;fourth,we should establish the system of delaying the execution of punishment.