|
In 1997, "criminal law" in our country separately set up drug crimes section, with different type and quantity of drugs prescribed for different punishment, including drug to drug crime sentencing standards - mainly on the number of identified, the second paragraph of article three hundred and fifty-seven to be set as follows "drug to verified number of smuggling, trafficking in, transporting, manufacturing or illegally holding drugs, the number of calculations, not to convert purity." To crack down on drug crime, for the purpose of this clause is intended to emphasize as long as the number of drugs has reached the "criminal law" sentencing standards, can be convicted and punished, no matter the discretion of the purity of the drug, avoid the purity of the drug for sentencing that play an important role. But, with the development of economy, drug kinds of diversification, makes which seriously violates the crime punishment ADAPTS the principle, produced a lot of problems in the judicial practice. This article mainly revolves the drug purity and sentencing, the problem of combination drug number determination, lured crime, drug crime in conditions such as other drug crime sentencing plot is crucial, so as to put forward ideas and legislative proposals.
|