Legislative Perfection In Drug Recommitment System

At present,the situation of drug crime in our country is still severe,especially the problem of drug recidivism.Therefore,we need to create a set of criminal punishment system to reduce and prevent drug crimes.There are three characteristics of drug recidivism system.Firstly,the specificity of the evaluation content,which is determined by the current special circumstances of drug crimes.Secondly,the bias of the sentencing circumstances,which are closely related to the physical dangerousness and subjective vicious of the drug criminals.Thirdly,the heterogeneity of the recidivism system.It is because of the heterogeneity difference between the drug recommittal system and the drug recidivism system,that compared with the more comprehensive legal provisions of the recidivism system,there are so many improper cases in the setting of the provisions,which must be improved.The qualitative research about drug recidivism system in academic circle in the past was always focused on the "Special Recidivist" and "Special Recidivism".But the two theories also have some shortcomings,so there doesn't exist an unified conclusion.I believe that the drug recidivism system can be characterized as a special provision that compensates for recidivism system when it can not give heavier punishments to drug recommitment crimes.In this way,it not only clarifies the relationship between the drug recommittal system and the drug recidivism system,but also offers the correct interpretation of the provisions of this article and provides a logical starting point for judicial application.Reasonable limited adjustments should be carried on the establishment conditions of the drug recidivism system,and it should embody the special prevention function and the value of punishment individualization.The scope of former drug recommitment crime should be extended to all the drug crimes set in the Chapter 6,Section 7 of the Criminal Law,and those drug crimes scattering in other sections of the Criminal Law should be added as well.The time scope of former and later crime should be confined before the completion of penalty of the former crime or within 20 years after the penalty of the later crime.The scope of drug counterattack system should be those juvenile delinquents who have been sentenced to more than 5 years imprisonment for drug trafficking and was pardoned or after the completion of the penalty,and are sentenced to more than 5 years of imprisonment for recommitting drug trafficking.