Research On The Identification Of Juvenile Drug Recidivism

Since the founding of the People’s Republic of China,China has not only strictly managed drugs and drug-making raw materials,but also implemented a criminal policy of "strike hard" on drug crimes.Later,a series of laws and regulations have been formulated accordingly,resulting in the recurrence of drug crimes in the specific provisions of the Criminal Law.However,due to the insufficient clarity of the content of drug recidivism,the provisions on the main elements of recidivism have always been controversial.Especially after the revision of the general provisions of the Criminal Law and the new provisions of the Criminal Procedure Law on the sealing of juvenile criminal records,there is still a lack of special provisions on the minor subject of drug recidivism.Therefore,whether the perpetrators who were punished for drug crimes and then committed such crimes can be identified as drug recidivism has become one of the focus of attention in Chinese theory and practice,and has brought many problems to judicial practice.In this regard,this paper focuses on the controversial focus of You Moumou’s drug trafficking case,and analyzes the current legal provisions in combination with the essence of lenient punishment for minor crimes,and demonstrates the reasons and legitimacy of minors not being able to constitute drug recidivism,and makes a contribution to the judiciary.It also puts forward suggestions on the implementation of the criminal policy of protecting minors by the judicial organs,and tries to solve the problems of the current judicial practice,the high rate of appeal and protest,and the conflict of views within the judicial organs,so as to help unify the position that minors are not identified as drug recidivism.