The Study Of Several Problems In The Construction Of Drug Crimes

Drug is worldwide public nuisance,it is of great danger to human's life and social development,however,drug crimes lead directly to inundation of drugs,and it is the source of that drugs can't be prevented.. Therefore, each country of the world views it as a serious crime to attack. Drug crimes become more and more rampant in our country due to influence and permeance of international drug crimes. In order to restrain inundation of drugs and attack hardly drug crimes, the article studies several problems in the construction of drug crimes according to basic theory of criminal law and experience of judicial practice, and it intends to solve several complex problems in the construction of drug crimes to be beneficial to define drug crimes correctly and attack and prevent drug crimes. The article is divided to five parts. The first part summarizes drug crimes and points out several characteristics of drug crimes compared with other crimes through summarization of drug crimes and analysis of kinds of drug crimes in criminal law of our country.The second part talks about objects of several drug crimes in criminal law of our country and classifies it according to different attributes. The author thinks that objects of drug crimes can be divided into four kinds: drugs, original thing of drugs, other persons and drug booty, and analyzes and defines the four crime objects.The third part talks about subjects of drug crimes. The subject includes natural person and unit. The subject of natural person is universal in drug crimes, but the subject of unit only lies in a few drug crimes. As to the subject of natural person, the author talks about minor drug crimes and drug crimes of state personnel. As for minors, the author thinks that they should bear the criminal responsibilities not only for drug crimes, but also for criminal forms connected with drug offenses. As for drug crimes of state personnel, we should not give a heavier punishment without differentiation. The fourth part talks about subjective aspects of drug crimes from three aspects of sin of drug crimes, the purpose of crimes and knowledge of illegality. As for sin of drug crimes, the author agrees with that there is no negligent crimes in drug crimes. He thinks that drug crimes are all crimes with direct intention, there is no drug crimes with indirect intention. As to the purpose of drug crimes, the author agrees with that it is not requisite element of drug crimes, and it is significant only in some crimes. As to knowledge of illegality, the author thinks that it is requisite element of intentional crimes since it is the characteristic of statutory offenses.The fifth part talks about the behavior of drug crimes, through analysis of several arguable criminal behaviors in drug crimes, the author thinks that the behavior of the drug crimes should all take the form of action, drug crimes that take the form of inaction don't exist.