禁毒立法模式再探讨

Discussion on Patterns of Drug Control Legislation

世界范围内禁毒立法模式大体有三种。我国的禁毒立法模式在 1997年前以单行条例为主 ,1997年刑法颁布后 ,形成以刑法典为主的禁毒立法模式。运行至今 ,又显现了滞后 :1 实体法的规定不能满足新的司法需求 ;2 无专门的禁毒程序法 ,难以适应新形势下的执法需求。因而 ,应在现有刑法的权威性下 ,增加打击犯罪的灵活性 ,为禁毒司法和执法提供切实的法律依据和理论保障 ,并在宪法的指引下 ,注入更多的人权保障理念。

There are about three patterns of drug control legislation around the world. Pattern of drug control legislation in China centered on specific regulation prior to 1997 and centered on criminal law since the criminal law was created in 1997. However, some regulations in the criminal law have turned out to fail to deal with some problems now. for example, regulations of substantive law fail to meet the new requirements of judge; moreover, regulations of procedure law are not good enough to meet the demand of law enforcement. As a result, drug control legislation is expected to be flexible based on the authoritative criminal law and armed judge and law enforcement of drug control with feasible legal basis and theory. Finally, more ideology of human rights is to be involved in it under the guidance of constitution.