Drug Abuse, Crime Of Questioning The Theory

I try to expound that drug abuse should not be legislated as a offence in this article. As the quantity of drug addict are more and more, drug do more harm to the society. So, it is very important to formulate a reasonable drug policy. I try to talk about this problem just from this aim to benefit for formulating a reasonable drug policy in this article.This article be separate four parts, about 30,000 words.The first part Summarization about drug abuse should be legislated as a offence or not. In the first place, I have definite the drug abuse. The definition of the drug should be according to Chinese 1997Criminal Law, referring to the opium, heroin, methamphetamine (ice), morphine, marijuana, State control cocaine and other addictions to the formation of narcotic drugs and psychotropic drugs. Drug abuse, I refer to non-medical or excessive use drugs. The formulation about the drug taking is not reasonable and consistent in domestic, which should use "drug abuse". Second, I expound the reason of controvert that drug abuse should be legislated as a offence or not. As the quantity of drug addict are more and more, the drug do more harm to the people. So, it is an important problem that how to deal with drug abuse. Some scholars and legislators put forward that we should make drug abuse as a offence, which can limit more people to abuse drug. But dissenter also proposed their reasons. The supporter who advocated makes drug abuse as a offence usually hold these reasons: criminalized the drug abuse can limit more person to abuse drug; can improve our country's fame; drug abuse has been regulated as a offence in foreign. But dissenters hold that: drug abuse does only harm to drug addict; drug abuse has not inevitable relation to other crimes.The second part The history of Chinese ban drugs indicate drug abuse should not be deal as criminal offence. This partⅠseparate the history of Chinese ban drugs into three parts, referring to history of Qing Dynasty ban drugs, history of Republic of China time ban drugs and history of ban drugs leaded with the Communist Party of China. From the ban drugs history of Qing Dynasty, it gradually aggravated the penalty to the drug abuse along with deepening understanding about the narcotic. But finally Qing Dynasty gave up the penalty to the drug abuse. In Kangxi period, drag abuse is to take a laissez-faire attitude. In Jiaqing period, it first started using crotches punishment, jiahao Penalty to drug addict. The increasingly severe penalties for drug abuse, or even use the death penalty, but drug abuse magnifies the trend has not been fundamentally reversed. With the profound understanding of drug abuse, the final years of Qing Dynasty, give up the penalties for drug abuse, but quit to take a gradual approach and achieved certain results. As the government is corrupt and incompetent, so it is unable to solve the problem of drug abuse. After a period of the Republic of China in Nanjing interim government drug history, Guangzhou and Nanjing government three times the national government. Generally speaking, the policy of drug abuse, as well as experienced by the light penalties and then to heavier penalties attention to the rehabilitation process. From the penalty situation is deprived of drug abuse from the public power→to fine or imprisonment→to fines, imprisonment or the death penalty→to rehab nation of process. China's drug history through the leadership of the Communist Red Army, and the founding of the anti-Japanese revolutionary base period, the experience of drug abuse policy change from heavy to light. Independence initially scheduled to kick and the road to the automatic approach, and ultimately solves the problem of drug abuse. China's anti-narcotics from a historical point of view, the criminalization of drug abuse is not a good way to solve the problem of drug abuse.The third part The action of the foreign drug abuse crimes can not copy. This partⅠelaborate from four aspects. First, the profile legislation on drug abuse from abroad, since the specific conditions of different countries. The measures taken for drug abuse have a greater difference. But basically be divided into three types: drug abuse as crimes, with penalties to be sanctioned; As for the criminal acts of drug abuse, but penalties can be used instead of medical treatment; to in criminalize acts of drug abuse, but as a disease, not by the judiciary but by medical institutions to control. From the anti-drug abuse legislation, although some countries and regions will be required for the crime of drug abuse, but globally, most countries do not provide for criminal acts of drug abuse. Even make drug abuse as a crime, many of which are no longer in practice as offense. Secondly, the crime of drug abuse by some Western countries, there is considerable controversy. Although some Western countries drug abuse provisions in the law for the crime, but disputes continue mainly for drug-related crimes, whether in performance (including drug abuse) to be legalized. Increasingly opposed to the legalization of drug abuse demonstrate strong momentum. Third, Western legislative system is not unanimous. West take a simple majority of national criminal legislation qualitative analysis model, but it is a qualitative increase in the quantitative model. Finally, the non-Western judicial practice of the lightest punishment of the crime of the historical direction. Some Western countries have adopted a de facto non-criminal and non-criminal law; gradually this will be the lightest punishment of drug abuse, treatment of non-crime. Thus, some Western countries drug abuse is not simply copy of the legislation.PartⅣDrug abuse advocates of the theory of a few mistakes and the reality encountered difficulties. This part of the criminalization of drug abuse and advocates the idea of non-realistic theory wrong. First, the crime of drug abuse and felonies stems from the wrong idea -- Universal penalty. From the main drug abuse, the psychological abuse of drugs, drug abuse places, can play a role in the deterrence doctrine. Meanwhile, China's large number of drug abusers, drug-related crimes, with the practice of non-reality. Second, drug abuse and other crimes linked to the problem have not. been confirmed by the empirical data. Meanwhile reasons Liberty could not be applied to drug abuse. Third, the crime of drug abuse is not criminal in character. Crime is "the law should be punished by the penalty" should be subject to penalty imposed is its essential character. The essential character of the act should be punished by the bottom line -- not to act as other legal adjustments. And drug abuse can be precisely adjusted for other laws.