Legislative Review Of Crimes Against Drug Safety

In 2019,our country’s Drug Administration Law was amended.The most important change was the abolition of the classification model of fake and inferior drugs in the form of "Theory of fake drugs" and "Theory of inferior drugs".The classification of drugs has been returned to determining whether the drugs are fake or inferior according to their substantial efficacy,and classifies the stripped form of fake or inferior drugs into article 124 of the Drug Administration Law,thus realizing scientific and effective classification.In order to adapt to the revision of the preceding law,the Criminal Law Amendment(XI)also makes new provisions on drug crimes.The first is to abolish the explicit provisions on "Determining drugs and non-drugs according to the Drug Administration Law",to realize the coordinated application of criminal law and pre-law,to determine the reference of criminal law to administrative law rather than the absolute application of reasonable standards,the connection of execution of drug crime has been improved.The second is to increase the crime of providing fake and inferior drugs,drug users to provide fake and inferior drugs to regulate the acts of individuals,expanding the drug crime behavior.The third is to add the crime of obstructing drug administration,to realize the separate protection of drug administration order,and to adopt the legislative model of specific dangerous crime,stipulating "Enough serious harm to human health" as the condition of admission,prevent the improper expansion of the criminal circle of the crime.The fourth is to change the original provision on the proportion of fine "fined not less than 50%but not more than two times the amount of sales" into "fined concurrently",so that the legal fine penalty for drug crime becomes an unlimited fine system from proportional fine system."Criminal Law Amendment(XI)" has effectively revised the crime of endangering drug safety,which makes the legislation of drug crime in our country develop to a new height.But at the same time we should note that,the overall provisions of drug crime are not perfect,mainly reflected in the old problems have not been reasonably solved and new problems arising from the new legislative provisions,new and old problems mixed together,makes the place which the drug crime needs to perfect to increase further.First of all,the academic circles have not reached an agreement on the content of legal interest protection of drug crimes,and it is not definite whether to adopt the theory of dual legal interest or single legal interest and whether to distinguish primary and secondary legal interest in the theory of dual legal interest,so it is difficult to define the nature of the crime of endangering drug safety.Secondly,in terms of the targets of behavior,the dichotomy system of fake and inferior drugs in drug-related crimes is being questioned,mainly reflected in the production and sale of inferior drugs crime as a "Zombie clause" and fake drugs and inferior drugs exist in the concept of concurrence,the specific type of confusion and so on.Thirdly,the behavior of drug crimes is limited,which can not form a complete chain of protection,and can not adapt to the increasing trend of drug crimes.Finally,in terms of subjective determination,rough presumptions are often used for intentional determination,without specific determination rules,which is not conducive to practical needs.The legislation of drug crime in our country needs to be further improved.Firstly,it is clear that the legal interest of drug crime is the safety of life and health.Secondly,it is no longer to use the system of dividing fake and inferior drugs,and they will be uniformly defined as unqualified drugs.Thirdly,in the type of behavior,the new type of behavior provides more extensive protection for drug crimes.Fourthly,refine the presumption rules of intent,and construct a differentiated system of knowing content among different charges.