The Number Of Drug Crime

Drug-related crimes seriously endangering the health of the people, can sometimes lead to ruin and death situation, the impact of social morality, taking drugs may also trigger a series of other crimes, serious harm to the social order, and how much of the amount of drugs in drug-related crimes in a large extent determines the social harm of drug-related crimes. In a real-life drug-related crimes, criminals held drugs are generally impossible to achieve100%purity. Drug offenders manufacturing of drugs, equipment and technical conditions, can not produce high-purity drug, even if manufacturing high purity of drugs, often driven by profits, some other substances doping drugs, the purity of the drug to reduce so as to achieve the increase in the amount. In this case, the problem, especially forensic problems. Because the drugs directly determines the number of legal penalties for drug offenders sentencing range, quantity and purity of drugs will not be able to avoid. Not only in our country, the number of drug-related crime problems and purity widespread, there is no single standard is in other countries worldwide, but also not completely solve these problems. Especially China, and the punishment of drug-related crimes in the fight against a very strong, well received by the danger of drugs, did not abolish the death penalty for drug-related crimes in the Criminal Law, sentencing for drug-related crimes, should be cautious, even more urgent to solve these face problem. The quantity of drugs, not only affect the sentencing range of criminals, but also to distinguish between certain drug-related crimes, the boundaries of the crime or the correct determination of the quantity of drugs plays a vital role in the administration of justice of the drug-related crimes. Made a number of provisions of the Criminal Law and the relevant provisions of the opium, heroin, methamphetamine and other common drug-related crimes quantitative criteria and sentencing range, but other drugs, especially new hybrid drug conviction and sentencing of the number does not make specific provisions. The79of China’s criminal law on the quantity and purity of the drug problem of drug-related criminal conviction and sentencing provisions, but did not clear. Subsequently, the Standing Committee of the National People’s Congress and the Supreme, the Supreme People’s Procuratorate unveiled a series of laws and regulations or judicial interpretations, such as "severely punish the criminals of serious damage to economic decision, December28,199010of the Standing Committee of the National People’s Congress seven on the decision of the anti-drug ", adopted by the Conference, the Supreme People’s Court promulgated on the strict implementation of <National People’s Congress Standing Committee’s decision on anti-drug> punish drug offenders notice (Law (research)(1991)) laws and regulations and judicial interpretations, the amount and purity of drugs in drug-related crimes conviction and sentencing for drug-related crimes. However, on March14,1997, the fifth meeting of the Eighth National People’s Congress adopted a comprehensive revision of the Criminal Law of the People’s Republic of China, including the provisions of article357, paragraph2, of drug-related crimes purity calculation."Purity calculation changed97of the Penal Code before the quantity of drugs, purity identification practices, sentencing for drug-related crimes, no longer consider the purity of the drug problem. The criminal law has been more clearly defined, the handling of drug cases, only the quantity, rather than purity, in judicial practice, the public security organs, procuratorial organs and the courts no longer quantitative test for drug-related criminal cases. In our country to crack down on drug crimes, such provisions of the criminal law also has some truth, but with the passage of time and the development of society, the society there have been many new situations and blindly pursue the imposition of severe sentences for drug-related crimes, but also worthy of our food for thought. Social realities, as well as the needs of judicial practice, the Supreme Court and other judicial organs of the Criminal Law and related regulations continue to be supplemented or explained, with a view to the application of the judicial practice of criminal law more equitable. Does not violate the provisions of the Penal Code itself provides for the quantity of drugs and drug-related crimes purity to improve not only the judicial practice of guiding significance and far-reaching impact, after the improvement of the law.The major countries of the international provisions of the number of drug-related crimes, often as the standard to one or more drugs, according to the dangers of drugs, other types of drugs to be translated to the same drug sentencing range to unify determining the penalty, while China’s criminal law and judicial interpretation of relevant laws and regulations so there is no such specific provisions. Although in recent years, according to the analysis on the status quo of the law of the number of drug-related criminal standard, the relevant judicial authorities of the State on the quantity and purity of drugs, combined with social actually carried out some additional requirements, but still does not solve the substantive issues are still not clearly defined, there are a lot of limitations. In judicial practice, according to the provisions of criminal law, not purity calculation, so that the judge in the drug-related criminal cases, it is easy to be convicted, but at the sentencing, is unusually complex, especially in recent years a new type of drug-related criminal cases. The quantity of drugs not only affect the case, the conviction of drug-related crimes, more important is the impact of drug-related criminal cases in the sentencing, he was the criminal law provisions to be ignored. Can not be calculated purity requirements, it is brought to the judiciary some confusion. In judicial practice, members of the judiciary in the conviction and sentencing of drug-related criminal cases, often only consider the crime of criminal behavior, based on the number of sentencing, but did not dare to break through the provisions of the Penal Code provisions, caught in a rather awkward situation. Ministry of Public Security, the Supreme People’s Court and Supreme People’s Procuratorate issued a series of related documents, to some extent, ease the contradiction But ultimately, this provision of the criminal law provisions, or the lack of rationality and fairness. The quantity and purity of the drug-related crimes affect sentencing, and is the most important one of the punishment fits the crime. Specifically what quantity impose any kind of penalty, there is no clearly defined only by the judiciary according to the specific circumstances of the cases of drug-related crimes, according to the criminal law sentencing range of discretion., In essence, purity problems in judicial practice, a quantity of drugs, but also a continuation of the number of drug-related crimes. Other countries in the world, many countries have such standards, such as the United States, the most typical drug conversion tables.China’s criminal law of some of the more common drugs such as opium, heroin sentencing standards has already provided. Drug-related criminal cases in the main drugs as opium, can not be converted directly to the number of opium sentencing. Instead of the first opium is converted into heroin, and then based on the number of heroin sentencing. In other words, the drug conversion table is an identification tool is a judicial reference, is not absolute, not necessarily all drugs must be converted into heroin conviction and sentencing. China’s Criminal Law and relevant judicial interpretations of opium and other major drug listed provisions has its own legal meaning, in order to better combat drug-related crimes, they are harmful to society too, this is not too much to explain. Therefore, when there are legal requirements, first of all, in accordance with the law, when the law does not specify, in order to be more efficient, fair and equitable conviction and sentencing for drug crimes suspects before they need to be drug conversion. Each drug has harmful to society, but the same number of big and small. Therefore, China’s criminal law also provides for some drug-incrimination at least some of the provisions, the number of main drug sentencing range to be achieved, but the quantity of drugs required by the various drug-incrimination and legal punishment magnitude different. Countries to develop the relevant judicial interpretation of criminal law and the judiciary its starting point is to crack down on drug-related crimes, because of its harm to society is too great, the original intention of the original legislation in accordance with the legislators, my view is that drugs conversions constitute a crime or sentencing The magnitude of weight, but the translation does not constitute a lesser crime or sentencing range according to convert. When before scaling lighter sentencing range or not required by law, reached on the translation of the sentencing range, Well, in this case, you should follow the drug converted to his conviction and sentencing. The only way to better combat drug-related crimes to serve as a deterrent effect on drug offenders. The judiciary in the process of drug-related criminal cases, often seized drugs may not be a kind of, there may be heroin, opium, ice, etc., in this case, how the translation? Provided for by law in accordance with the law, then opium crime criminal law provisions can not be converted, and other drugs should be translated. When time conversion can not be converted into the standard drug, can again be converted so that it is eventually converted into a standard drug. Confirm drug suspects criminal reach of drugs involved in a crime or after the sentencing range is reached, can be unified converted into standard drug sentencing penalties, depending on the number of standard drugs. In order to make the work of the judiciary more specific, visualization, but also makes the decision more credible and persuasive.Identification of the quantity of drugs in drug-related crime is a cautious and must be a work, only the number of drug-related crimes seriously identification of conviction and sentencing, and on this basis, can demonstrate the impartiality of the judiciary, is also a kind of human nature and respect for life. Systematic recommendations judiciary organize relevant departments to develop a drug-related crimes in China a drug standard system, like a formula, sentencing, I believe this is a trend, they will certainly become a reality. Of course, in the social atmosphere, may be one or two days can not be achieved, With the social development, justice continues to progress, to develop such a system, it will not be any problems. When the quantity of drugs standard system set up, once the new drug, the judiciary can immediately its component detection and identification, and then according to the standard formulation of the drug conversion tables, according to the criminal policy of our country, its conversion standard added to the drug Conversion Table, for the first time, have a specific standard. China’s Ministry of Public Security, the Supreme People’s Court and Supreme People’s Procuratorate and other departments to make drug-related crimes in97criminal law is not required purity calculation, based on the specific circumstances of the judicial practice of drug-related crimes in recent years in China, introduced a series of relevant judicial interpretations on drugs the purity of the problem will be described. Although some people think that these provisions may be beyond the scope of our current criminal law, but in its essence does not violate the provisions of the criminal law, but is a supplement to the provisions of the Penal Code.Although some of the provisions of the criminal law of the quantity and purity of the drug, in particular the provisions of the drug-related crimes in purity calculation. However, with the emergence of drug-related crimes in China a variety of new situations, the purity of the drug every reason in the judicial practice is taken into account. About the purity of the drug on how to identify the front I have already mentioned. Drug-related crimes by the Intermediate People’s Court, the Higher People’s Court of second instance, the establishment of specialized drug accreditation bodies in the Higher People’s Court, a more Intermediate People’s Court in drug-related criminal cases, such as the Chengdu Intermediate People’s Court, but also the creation of specialized drug identification of bodies, specialized application purity identification and purity of drugs may be sentenced to death for the crime were identified. The basis for identification, I suggest that the reference to the practice of the United Kingdom, unified converted into100%high purity of the drug, and then determine the actual number of drugs, the identification of the formula M=A/B×N, where M is the drug after identifying purity I suggest to learn from the practice in the United Kingdom for100%, the actual number of the purity of drugs seized by the A judiciary, B drug standard purity value, N is the quantity of drugs seized by the judiciary. As a result, not only a waste of judicial resources, but in the long-term judicial practice will save a lot of resources and time, improve judicial efficiency, to crack down on drug-related crimes.