On The Crime Of Obstructing Drug Administration

With the continuous improvement of the concept of drug safety and the extensive discussion of social hotspot cases,the 11 th "Criminal Law Amendment" made major revisions and improvements to drug-related crimes,which guarantees an organic connection with the Drug Administration Law revised in 2019 and fills the legal loopholes by adding new charges.This paper will focus on the in-depth study of the newly established crime of obstructing drug administration,for theoretical research and judicial practice.This paper is divided into four parts:The first part is the legislative basis of the crime.The first is to plug the loopholes in the law.The second is based on the necessity of protecting legal interests.This crime protects the legal interests of the order of drug administration and health,which are in a parallel relationship.The third is to practice a positive view of criminal legislation,which is in line with the legitimacy of the penalty and the effectiveness of the prevention.The second part is the regulation mode of the crime.Firstly,this paper believes that this crime is the same as other administrative offenders,and it is a crime that hinders or even destroys the order of administrative management.Then,this paper argues that the determination of the illegality of administrative criminals should also recognize the relativity of illegality.Secondly,this paper argues that the actual danger in the crime of obstructing drug administration is urgent so that the reality and urgency of its danger should be recognized and could judge from three aspects.The third part is a concrete analysis of the constituent elements of the crime.Firstly,it explains the four types of statutory acts in the constituent elements.Secondly,this crime is the general subject,including natural persons and units.Finally,analyze the elements of responsibility for the crime.First,this paper argues that based on the adherence to the consequentialism,the perpetrator should be intentional about the legally dangerous result.Second,this paper believes that only a negative presumption is required.The fourth part is about the criminal pattern of the crime.First,this paper agrees that a comprehensive judgment should be made from three stages.Second,the premise that the act of committing the crime itself constitutes a crime and the co-criminal must know that the act constitutes a crime.Third,when the perpetrator commits an act that fully complies with the conditions for the establishment of the crime and at the same time constitutes other crimes,choose one felony and be punished.