Research On Sentencing Of Drug Crime Recommitment

With the rapid development of market economy, it is nothing new that the drug crime would recommitted, and the research on sentencing of drug crime recommitment becomes more and more obvious. The 356 th clause in "criminal law" of our country records a heavier punishment to drug crime recommitment, which plays a positive role for prevention and control of the drug crime commitment, maintains a steady development of the social. The clause, however, is too general,not reasonable, it is easy to confuse the drug crime recommitment and recidivist, there has been a serious controversy about the research on sentencing of drug crime recommitment in theoretical circle of criminal law. Therefore, when fighting against and preventing drug crime recommitment,we lack unified, standard, clear and effective guidance, which affect the research on sentencing of drug crime recommitment. Therefore, according to the concept of drug crime recommitment, this article analysis some problems about the claus of drug crime recommitment in legislation and legal application, and put forward counter measures about the research on sentencing of drug crime recommitment, and explain its necessity and feasibility; so as to realize the reconstruction of the legislation on drug crime recommitment, and fair trial on drug crime recommitment, from which the research on sentencing of drug crime recommitment has its rightful place, and achieve proper legal value.