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Research On The Connection Between Drug Safety And Execution

Posted on:2022-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:J W ZhangFull Text:PDF
GTID:2516306497481374Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Drug safety is one of the social issues that the public is most concerned about.In recent years,drug safety incidents in my country have repeatedly exploded,which have reduced the public's trust in it.There are many reasons for this,including the changing means of drug safety crimes,the low level of enforcement and judicial punishment,and the poor connection of executions.Drug crimes have the typical characteristics of administrative criminals.Punishment of them cannot rely solely on administrative or criminal means,but also we should take into account two aspects,including the connection between administrative legislation and criminal legislation,as well as administrative law enforcement and criminal law.The procedural link between the judiciary.The revision of the Drug Administration Law in 2019 is a strong response to the increasingly severe drug safety issues.Articles 5 to 7 in the Criminal Law Amendment(11)in 2020 are set up to be in line with the administration of drug supervision.Better convergence of laws and regulations,thereby increasing the intensity of the crackdown on such illegal acts.The convergence of the two laws should not only ensure a clear distinction between drug violations and drug criminal crimes,but also ensure proper convergence so that such crimes can be transferred from administrative law enforcement agencies to criminal justice agencies without obstacles.This article is divided into three parts,the main contents are as follows:The first part is the basic theory of the connection of drug safety execution.Starting from the boundary between administrative illegality and criminal illegality,the relevant theories are sorted out.The academic circle divides them into three types,namely strict illegal monism,moderate illegal monism,and illegality antithesis.This article puts forward the position that the principle of unification of legal order should be adhered to in the overall framework of drug safety execution.The second part is about the crux of the substantive problems in the connection of drug safety execution and the suggestions for improvement.This article starts with the substantive law theory of the convergence of the two laws on drug safety crimes,and puts forward three types of issues based on the fuzzy and inferior drug execution judgment standards,and the inconsistent criminal regulations of the types of drug safety violations and the inconsistencies between the types of drug management Suggestions on adjusting the classification standards of counterfeit and inferior drugs,improving the types of criminal offences on drug safety,and improving the regulations on crimes that interfere with drug management.The third part is the crux of the procedural problems in the connection of drug safety executions and suggestions for improvement.The connection of drug safety execution cannot only depend on the perfection of legislation,and optimized program design is essential.This article summarizes two procedural problems,namely,the poor connection mechanism of drug safety criminal execution and transfer of drug safety criminal evidence standards and conversion,and specifically proposes to improve the drug safety criminal execution transfer mechanism and drugs.Recommendations on the handling of safe execution evidence.
Keywords/Search Tags:drug safety crime, execution connection, legislative theory, procedural setting
PDF Full Text Request
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