| Contemporary China has entered an era of rapid development,and more profound social changes are taking place in all aspects of society."Governing the country according to law","the concept of the rule of law society" gradually popularization,on the basis of "ruling according to law,administration according to law","drug control in accordance with the law,JinXi,planting,trafficking" is a major responsibility of Chinese drug treatment to the society and bear,is China on social harmony,national rejuvenation,a powerful guarantee.As the most important link in the chain of drug control,drug abuse plays an important role,because it is the market of drug abuse that gives rise to drug abuse,drug treatment and drug trafficking.The current international and domestic DuQing requires us to take drugs for governance,more scientific,standard,thoroughly can really put the drugs the market gradually to suppress narrow,until no,can we truly destroy drugs.Drug addicts of punishment discretion is current our country society present situation and existing problems are discussed in detail,drug abuse punishment system evolution,drug penalties and discretion of administrative basis and legal basis for comparison,the legal theory basis and discussed different point of view,the discretion benchmark of drug addicts to society is deeply discussed,points out some of the current concept,policy,and specific operation have absolute and one size fits all phenomenon,and can’t well adapt to the current status of psychology and behavior of drug addicts,not suitable for the current social situation and the development of communication way.Therefore,there is still much room for improvement in the comprehensive management and scientific operation of social drug users.Articles on drug penalty discretion based from the perspective of jurisprudence,the legitimacy of legislation basis and social base and so on are discussed in this paper,should be based on the penalty in the legal rules of proportion principle and the thought of people-oriented,drug penalty discretion of consideration.The article puts forward that drug abuse control should adhere to the principle of non-criminalization of drug abuse and the principle of human rights protection for drug users.In specific disposal of drug users,according to "public security management punishment law,the anti-drug law,according to the basic population information of drug addicts himself,background causes of drug use,drug use environment,drug kinds of drugs,the number of drug addicts,frequency of drug use factors such as comprehensive consideration,the cautious discretion of punishment to the action of drug taking.That is,we should combine specific drug users,drug taking behaviors and drug taking environment to carry out reasonable,legal and reasonable punishment and management,and accurately regulate the punishment and management of drug users.Drug abuse punishment should adhere to the administrative penalty discretion benchmark,the issue of the discretionary benchmark comes from the practice of public security punishment.Drug behavior itself also involves the individual character of drug addicts,drug addicts of family,society,country,economy,politics,nation,traditional aspects of factors,therefore,when exercising drug punishment law enforcement agencies,especially the public security organs should not only in accordance with the law,but also on the basis of drug-related behavior of the specific facts,types of drug use,drug use,drug use plot harm degree,etc.,to decide how to punishment,amplitude and adapt to the size of the permissions,etc.National conditions,the people again and again warned the top design,we must be on the train of thought to be clear,we will strictly to the constitution,the criminal law and civil law as the criterion,according to the administrative rules and regulations,and in combination with the specific areas,specific drug use behavior,specific people involved,comprehensive and accurate to the implementation of the drug penalty discretion and drug treatment,and gradually improve drug penalty discretion differentiate between measures,drug use,reduced finally put an end to drug use good social situation in drug control. |
