Research On Judicial Determination Of The Crime Of Obstructing Drug Management

The addition of the crime of obstructing the administration of drugs in the Amendment to the Criminal Law(XI)has positively responded to the people’s call for the protection of the rights and interests of drug safety,strongly deterred the existence of“black workshops” in the society,and at the same time closed the legal loopholes to more comprehensively protect the lives and rights of the people.In order to accurately apply the law in judicial practice In order to accurately apply the crime of obstructing drug management in judicial practice and achieve a balance of crime and punishment,this thesis will conduct an in-depth study of this crime from the following parts,with a view to playing a role in judicial practice.The first part is the judicial determination of the constituent acts of the offence of obstruction of drug administration.The four constituent acts of the crime,the relevant laws have different provisions for each type of behavior and the performance in specific cases are different.Therefore,it should be explained according to the relevant legal provisions and through case examples.The second part is the judicial determination of “sufficient to seriously endanger human health” in the crime of obstructing drug administration.First of all,according to the various views of criminal law on the type of danger interpreted by the“sufficient”provisions,it should be clear that the “sufficient” provisions in criminal law do not belong to the specific dangerous crime,nor does it belong to the traditional or typical abstract dangerous crime,but the conclusion of quasi-abstract dangerous crime.The conclusion of quasi-abstract dangerous crime.Secondly,through the analysis of the relevant judicial interpretation,the crime of “sufficient to seriously endanger human health” refers to sufficient to cause more than minor injuries.In addition,the crime of quasi-abstract dangerous crime,according to the dangerousness of the drugs involved in the case to determine whether to meet the “enough to seriously endanger human health”.The third part is the judicial determination of the aggravating circumstances of the crime of obstructing the administration of drugs.Article 142 of the Criminal Law of China,one of the crime of obstructing the administration of drugs provides the conditions for upgrading the statutory penalty,for the aggravating circumstances and aggravating results in this crime,the judicial interpretation has made relevant provisions.In judicial practice,however,the causal link needs to be judged strictly in the case of consequential aggravators in drug offences,when the need for professional drug testing institutions should play a role with the judiciary;at the same time,the aggravating circumstances should also have a correct understanding,limited to the objective aspects of the violation of the degree of impact on the legal interests of the elements of illegality.The fourth part deals with the relationship between the crime of obstructing the administration of drugs and related crimes.Article 142 I of the Criminal Law provides that the offence of obstructing the administration of drugs is punishable by one heavier penalty when it competes with other related offences,and therefore a strict distinction must be made between this offence and related offences,so that the relationship can be handled properly.At the same time,in judicial practice,a more reasonable way out of the perception of aggravated punishment is to judge it by the level of responsibility.