强迫他人吸毒罪争议问题研究

The Controversial about the Crime of Compelling Others to Take Narcotics

强迫他人吸毒罪作为一个独立的罪名,在我国已经出现了近20年,在这期间,学界进行了深入的研究与梳理。但在法律适用过程中仍然有相当多的问题没有得到彻底解决,这主要表现在对"强迫"的理解、强迫他人吸毒罪与引诱、教唆、欺骗他人吸毒罪的界限、因强迫他人吸毒而导致他人重伤或者死亡行为如何认定等方面。

The Crime of compelling others to take narcotics, as an independent crime, has been written in Criminal Law for a bout 20 years. During this period, experts have studied deeply about it, yet problems about applying it still remain unresolved. The main problems are embodied in those fields ： how to understand the ＂compelling behavior＂, how to distinguish it with the crime of attracting, soliciting and deceiving others to take narcotics, how to identify the behavior of causing serious body injury and death by compelling others to take narcotics.