On The Determination Of Drug Quantity In Drug Crime

Drug crime is a new type of crime that has appeared in modern times.In the actual trial of drug-related cases,there are still certain controversies and areas to be improved regarding the determination of the number of drugs involved.Especially in recent years,with the continuous development of society,science and technology,various new types of The emergence of drugs has brought new challenges to the quantity identification process of drugs.The Seventh National Criminal Trial Work Conference held in 2019 required both "strict punishment" and "precision strike" on drug crimes Supreme People’s Court Network-Zhou Qiang attended the 7th National Criminal Trial Work Conference and emphasized to keep in mind the original intention Mission,loyalty and due diligence,work hard to raise the criminal trial work in the new era to a new level.Under the requirements of this spirit,the determination of the quantity of drugs should also be Continuously refine and improve.The first part of the article mainly introduces the connotation and value of drug quantity identification in drug crimes.First,it introduces in detail the impact of the determination of the quantity of drugs in the judicial activities on the subsequent conviction and sentencing work.Then the value of the determination of the quantity of drugs in dealing with and combating drug crimes is described,and the significance of this research is indirectly explained.The second part of the article analyzes the current status of the determination of the number of drugs in the field of drug crimes,conducts research from multiple angles,and lists some classic cases in our country’s anti-drug crime activities for analysis.The current status of the determination of the quantity of drugs in judicial practice is based on the text analysis of the judgments of first-instance drug crimes in Guilin’s two-level courts in 2020.First,the general analysis of the judgment documents of drug crimes is carried out.The status quo is analyzed in four aspects: the type of drugs,the number of types of drugs in the drug crimes in the case,the type of drugs when the actual drugs are not found,and the judicial application.Only by understanding the current status of drug quantity determination in drug crimes can we conduct a comprehensive analysis of the status quo,find the problems in the determination of drug quantity and the direction of research,and propose targeted solutions,so as to improve the rules of drug quantity determination.The third part of the article analyzes the shortcomings exposed in the current drug quantity determination process.There are four main problems: One is the imperfect regulation of drug quantity determination.Second,the traditional weight identification model ignores drug content considerations,including ignoring the drawbacks of drug purity and ignoring the drawbacks of drug types in mixed drugs.Third,it is difficult to determine the quantity of drugs when the actual drugs are not found,including the difficulty in determining the quantity after the actual drugs are lost,and the standard for determining the quantity of uncovered drugs is not perfect.Fourth,the defendant’s reasonable intake of drug abuse was ignored.The fourth part of the article analyzes the reasons for the identification of the quantity of drugs in drug crimes mentioned above.There are four main reasons: the determination of drug quantity is based on diversification,the implementation of the weight-based drug quantity determination model that is not converted to purity,the determination of drug quantity is affected by whether the drug is found,and the determination of drug quantity does not consider the defendant’s reasonable intake,etc The main reason.The fifth part of the article expounds the perfect way to determine the quantity of drugs in drug crimes.The first is to integrate drug quantity identification norms,including enhancing the foresight of legislation,further detailing existing legal norms,and formulating systematic identification standards.The second is to incorporate the purity of drugs into the mechanism for determining the quantity of drugs.First,we conducted research and analysis on the practices of other countries in determining the quantity of drugs.Including the weight model recognition model of the United States and Australia and the purity conversion model of the United Kingdom and Thailand.Then it draws lessons from the experience and results obtained in the actual judicial practice of other countries.This includes attaching importance to the role of drug purity in drug quantity determination and improving drug determination and conversion standards.Based on the existing practical experience and related theories in other countries,combined with the actual situation in our country,a composite identification model of drug purity and drug weight has been established.The content includes drug purity: priority identification,drug weight: similar conversion and heterogeneous punishment,similar conversion and heterogeneous punishment include the basic concepts of similar conversion and heterogeneous punishment(explanation of similar conversion and heterogeneous punishment),similar The theoretical basis of conversion and heterogeneous punishment(legal basis,number of crimes,guilt and punishment adaptation basis,and standardization basis for sentencing),the realization path of similar conversion and heterogeneous punishment(constructing a conversion ratio system in the sense of criminal law norms,and in legislation Improve the standard of the size of the benchmark drug and the penalty configuration,and write the compound identification model of similar conversion and heterogeneous punishment into the criminal law).The third is to improve the determination of the number of drugs in the absence of physical objects,and to indirectly determine the number of drugs through other means.The fourth is to further interpret the standards involved in the crime of drug trafficking,to clearly define the standards to be used in the actual application process,and to apply the standards to the determination of the quantity of drugs at the same time.With regard to drug trafficking issues involved in drug addicts,in the actual case handling process,the amount of drugs consumed and consumed by them is excluded from the number of drugs identified,so that relevant departments can be more precise in combating drug-related crimes,More fair.