On The Constituent Elements Of The Crime Of Allowing Others To Take Drugs

China's "criminal law" the 354th drug crimes,counts in a simple way to set the shelter others in recent years,along with synthetic drugs gradually occupy the mainstream of drug consumption market,the characteristics of all smoking lead to shelter a drug crimes become the judicial decisions of others "regulars",constitutive requirements and circumstances surrounding shelter behavior increase in the number of disputes,to this,although in 2012 the Supreme People's Procuratorate,Ministry of Public Security jointly issued "on the public security organ under the jurisdiction of the criminal case filing prosecution criterion of the provisions of(3),2016,promulgated by the Supreme People's Court on the trial drug cases to explain some issues of applicable law,The number of people,times and other circumstances are specified,and the specific grasp of the elements and circumstances of the constitution of the crime is still not very clear.Based on this,this paper,based on the basic theoretical knowledge of criminal law and relevant cases in judicial practice,conducts a specific analysis on the conviction and sentencing of tolerating others to take drugs.In addition to the introduction and conclusion,this paper is divided into six parts,about24,000 words.The first part analyzes the penalty data of drug abuse in the three case databases from2010 to now,and summarizes the law and characteristics of this crime.First of all,the number of penalties for allowing others to take drugs increased first and then decreased,reaching a peak from 2016 to 2017.Secondly,the number of penalties for drug crimes of accommodating others exceeded that for illegal possession of drugs.2016 was the peak year for illegal possession of drugs,and the number of drug cases of accommodating others in that year was34,952.Third,the criminal judgment did not make a relatively clear and systematic evaluation on the identification standards of the places,objects,types of drugs and purity.In the second part,the author discusses the value,history and policy basis of punishing others for taking drugs,and makes clear the legal benefits of the infringement of such behavior.Therefore,if there is no relatively abstract social interest to be protected,incrimination is just like tolerating smoking.If smokers are not convicted,tolerating smokers is certainly not criminalized.The behavior of tolerating others to take drugs,especially synthetic drugs,seriously impairs the physical and mental health of different people and has other harmful effects.The third part specifically analyzes the behavior way of tolerating others to take drugs.First of all,on the basis of distinguishing the behaviors of inducing and forcing drug consumption,the legal meaning of toleration is literally interpreted as deliberately accommodating and sheltering drug users.Secondly,the behavior way of soliciting others to take drugs and tolerating others to take drugs can also adopt the behavior way of omission,and the behavior of acquiescence without stopping can be interpreted as tolerating.Thirdly,organizing and inviting people with a history of drug abuse to gather people to take drugs should be regarded as the behavior of tolerating others to take drugs.The fourth part analyzes the main elements of tolerating others to take drugs.First of all,the subject of drug abuse can be a natural person.It could be units;Secondly,the behavior of drug taking and mutual provision of venues by poison friends in principle does not affect the determination of crime,but the so-called mutual collusion should not be identified as a joint crime;Thirdly,those who knowingly provide a place for others to organize drug taking shall,in theory,constitute the principal offender of this crime.The fifth part,based on the interpretation issued by the supreme people's court in 2016,analyzes the elements of crime quantity.First,the number of people to be accommodated as the main quantitative index,the more the number of people the greater the danger;Secondly,the number of retention as the main quantitative index,the more the number of retention the greater the harm.In addition,it is divided into two cases: one level without profit-making purpose according to whether the actor has profit-making purpose or not.In the case of profit-making purpose,it is determined according to the payment period,and the same payment period can only be determined once for multiple times.In the case of non-profit making purposes,the number of people to be accommodated and whether it is specific to determine.Thirdly,as the crime is a minor crime in the drug crime system,it is suggested to add the quantity or purity of drug consumption as the criteria for the crime,and the public security penalty among them is the lesser tolerance behavior.