Analysis On Judicial Application Of Drug Administration

Since ancient times,the people’s livelihood has been the primary concern of the rulers,just as there is no trivial matter about the people’s livelihood,one leaf always concerns the situation.The Amendment to the Criminal Law(11)pays special attention to amendments in areas such as overhead safety,travel safety and tongue safety.As a key area of people’s livelihood,drug safety is a top priority to the people,and should become one of the key points of the criminal law amendment.In order to tighten the legal benefit protection system,crack down on the forefront of drug crimes,the crime of obstructing drug administration was added,and the relevant drug crime provisions were revised.From a macro point of view,the situation of related crimes in the drug field in China in recent years is extremely severe.Compared with the complex and severe situation of crimes endangering drug safety at the factual level,the lack of regulation caused by the lag of the criminal law at the standard level is also one of the main backgrounds for the revision of the criminal Law.There are two ways of the crime of obstructing drug administration,which are separated from the crime of producing and selling fake drugs.Therefore,the context of the crime of obstructing drug administration should be traced back to the source,so as to accurately grasp its essence and better solve the problems of judicial application and identification.The correct understanding of the protection of legal interests,the protection of legal interests of obstructing the crime of drug management is the life and health rights and interests of the drug use people,rather than the drug management order or its simple combination with the former.The law of "enough to seriously harm human health" is a direct reminder to protect the legal benefits of the crime.It is precisely because of the setting of this condition that the crime of obstructing drug management and the related administrative violations are reasonably distinguished.The constitutive elements of the crime of obstructing drug administration and the corresponding conditions of admission are of great significance as the typed elements to determine the criminal penability.In this way,the author can accurately determine the constituent elements of the crime of obstructing drug administration,and comprehensively consider whether it is enough to seriously harm human health.In the subjective aspect of the crime of obstructing drug management,we hold the subjective mentality of knowing,and analyze the subjective mentality of its specific behavior types one by one,so as to unify the subjective and objective.If the law stipulates that the crime meets the conditions for the establishment of obstructing drug administration and constitutes other crimes,it shall be convicted and punished in accordance with the provisions of a heavier punishment.In the case of the competition and cooperation between the crime of obstructing drug administration and the production and sales of inferior drugs,illegal business operation and smuggling,the crime of "heavier punishment" should be selected as the standard of the responsibility punishment imposed.