The Judicial Expansion And Rectification Of Crimes Of Shelting People Taking Drugs

The behavior of shelting people’s drug-taking is a helping behavior to drug-taking.On the premise that drug-taking behavior is not included in the scope of criminal law regulation,the criminalization of drug-taking behavior of tolerating others is the principal offense of helping behavior,which indicates the position of the state to severely crack down on and strongly condemn drug-taking crime.Through the analysis of cases in judicial practice,it can be seen that the criminalization of shelting people’s drug-taking behavior depends on the crime quantity standard,and the qualitative ambiguity of "shelting" is vague.In practice,some behaviors that do not need to be regulated by criminal law methods are included in the punishment scope of this crime,and there is an expansion trend in the determination of this crime.This paper studies the current situation of the judicial expansion of the crime of shelting people taking drugs from the perspective of the typed cases,and explores the appropriate ways to limit the crime,so as to define the punishment scope of this crime.In addition to the introduction and conclusion,this paper is divided into four chapters:The first chapter mainly summarizes the judicial expansion of the crime of shelting people taking drugs.By clarifying the legislative background and punishment of this crime,the types of judicial expansion of tolerating others’ drug crimes are sorted out by screening cases,including:the condition of passively shelting people’s drug-taking behavior,drug addicts take drugs together,allow close contacts except close relatives taking drugs,shelting people taking drugs in open or semi-open spaces,and judicial practice has been used to criminalize the situation of shelting people taking drugs in virtual cyberspace.The second chapter analyzes the causes of the judicial expansion of the crime of shelting people taking drugs,and clarifies the legal benefits of the characterization and protection of this crime.The causes include the meaning of the legal text is not comprehensive,the special properties of drugs and the influence of the criminal policy of "severe punishment for poison",and the preposition trend of the protection of legal interests.The crime of shelting people taking drugs is the helping behavior of drug abuse.On the basis of this,the paper makes an in-depth analysis of the criminal law definition of "shelting".The third chapter defines the punishment scope of the crime of shelting people taking drugs by studying the theory of omission.It is necessary to analyze the equivalence of the crime constitution between the crime of false omission and the crime of active omission.To judge whether the actor has the obligation of the act in criminal law by combining the form source and substance source of the obligation;It is also necessary to discuss the substance of duty from the causal relationship between act and legal interest.Chapter four clarifies the ways of limiting other types of judicial expansion of drug crimes.By implementing the principle of modesty in criminal law in the evaluation of wrongful acts,the situation in which drug addicts agree to take drugs together should not be treated as a crime,the actor cannot shelting people taking drugs in an open or semi-open place;When considering the punishable basis of neutral helping behavior,we insist on the objective theory on the basis of the benefit measurement,people’s normal operation and management activities and business behavior should not be treated as crimes;According to the theory of expected possibility,there is no possibility to condemn the behavior of shelting people taking drugs in the second generation of relatives,the condition of allowing close contacts except close relatives taking drugs should not be criminalized in general,the case should be combined with the facts and legal provisions for specific analysis.