吸毒不应入罪化之原因论析

The Analysis Of Drug Taking which Is No Criminal Behavior

吸毒行为在我国目前立法中并没有规定为犯罪,但关于该行为应否规定为犯罪的争论时来已久。刑法的本质是刑事立法的根本立足点。对刑法的本质,学界有"法益保护论"与"伦理维护论"之分歧。吸毒行为既没有侵犯法益,也没有在反伦理性上达成共识,故不论采用何种观点,都不宜在当今将吸毒行为认定为犯罪。

Drug abusing is not considered as a crime in recent laws in our country,but whether drug abusing should be considered as a crime or not has been debated for a long time.The nature of criminal law is the basic standpoint of criminal legislation.On the nature of criminal law,there is difference between ＂protecting the Legal Interest＂ and ＂maintaining ethical theory＂.Neither drug taking violates legal interests,nor it reach a consensus on anti-ethics.As a result,no matter what a point of view do we take,drug abusing should not be considered as a a crime today.