The Determination Of "Serious Circumstances" For The Crime Of Illegal Drug Possession

The introduction of judicial interpretation,to a certain extent,alleviates the dilemma of judicial determination of "serious circumstances" of illegal drug possession crime.However,in judicial practice,there are still differences in the understanding and understanding of "serious circumstances".For example,some judicial organs regard "the possession of drugs reaching the upper limit of a relatively large standard" as "serious circumstances",resulting in large differences in punishment between cases with similar circumstances in different regions.In the meaning of "serious circumstances" in the criminal law,"circumstances" in a broad sense refers to the subjective and objective facts that can reflect the degree of social harmfulness and life danger according to the provisions of the criminal law,and then affect the conviction or sentencing.The circumstances that affect conviction and the circumstances that affect sentencing have different functions and values.As a condition for the establishment of a crime,it is necessary to limit the content of the "serious circumstances" in the "serious circumstances" to the objective facts reflecting the extent of infringement of legal interests.As the "circumstances" in the "serious circumstances" of the sentencing rules,the contents should include all kinds of circumstances reflecting the subjective and objective aspects of social harmfulness and personal danger.Carding about judicial explanation of "serious",often considered the plot of the factor have serious consequences,bad influence,the amount of crime,crime number,ringleaders committing crimes,the use of special group,specific subject identity and place in a particular area,the behavior way,had been meted out criminal punishment,administrative penalty and committing crimes,etc.The "serious" in the crime of illegal drug possession is a statutory punishment status conditions,belongs to a kind of sentencing rules,consult about the interpretation of the "serious" crime,only with the amount of drug to larger standard with a severe situation,can be regarded as "serious",if not expressed by the judicial interpretation of the first three situations,also do not have with the three case quite personal dangerous and harmful to the society,it should not be regarded as "serious".To the interpretation of the "if the circumstances are serious,also can according to the system approach to recognition of interpretation,rule of thumb,but should be the tolerance theory in the practice of criminal law,the emphasis on the rationality of the punishment scope,justice,and strictly follow the principle of legality,the principle of adaptive principle,equality principle of criminal law and homogeneity explanation,purposeful interpretation rules,rules of explanation,legitimacy,rationality and ensures that the conclusion as applicable.