The Study Of Criminal Responsibility Of Drug Addict

Scientific research shows that powerful psychoactive drugs beinglong-term or extra taking can easily lead to mental disorder, which candamage human health and causes a series of social problems. The Chinese drugaddicts have gradually increased year by year with the world-wide spreadof drugs. Consequently, the social harmfulness of criminal cases involveddrug addicts can not be underestimated with the increasing amounts andclassifications of the cases in recent years.To the contrary, the Criminal Law does not explicitly provide thecriminal responsibility of drug addicts. The lack of legislation brings outmany debates in theories, various rules and court decisions in justicepractice. Therefore, it has practical significance to study the criminalresponsibility of drug addicts and to strengthen the criminal legislations.This article focuses on practical problems based on the relevant courtdecisions. It begins with criminal capacity of drug addicts, analyses thecriminal responsibility of the drug addicts and provides the legal basisto them. Meantime, the author compares the related legislations of othercountries with Chinese national conditions, and proposes reasonablesuggestions to strengthen the criminal legislation, and to improve thetheory study and the justice practice as well.This article includes four sections:Section One presents the practical problems based the relevant criminalcases involved with drug addicts. Section Two introduces medical and behavior characteristics of the drugaddicts who have different identification and control capacity to normalpeople. Then it analyses the criminal capacity with the action libera incause as a tool and conclude the drug addicts has the criminal capacity.Section Three goes forward to the criminal responsibility level of thedrug addicts, points out that they should be decided with their respectivecriminal capacities. It also tells the current terms of the criminal lawcan’t be applied to the above cases, which should be corrected legislatively.In addition, it stretches for problems in judicial appraisals whichevidently affect the basis of the criminal responsibility of the drugaddicts.Section Four introduces the other legislations of the criminalresponsibility of the drug addicts, and concludes the exact suggestions tothe legislation and the judicial appraisals of the drug addicts.