我国毒品犯罪刑事立法四十年的回顾与前瞻

Retrospect of the Criminal Legislation on Drug Crimes in China's Past 40 Years of Reform and Opening-up and Prospect

改革开放四十年来,我国关于毒品犯罪的刑事立法日趋细致和完善,积极回应毒品犯罪态势,从严惩治毒品犯罪的方针一以贯之,社会综合治理的大方向逐渐凸显。但是,其也存在着立法模式灵活性和应变性不强、协调性不足、履行国际公约义务有所欠缺等方面的不足。为此,我国应协调刑法有关条文,积极履行国际条约义务,并继续严密毒品犯罪的刑事法网,建构科学的惩罚体系,以更好地打击毒品犯罪。

In the past 40 years of reform and opening up, China’s criminal legislation on drug crimes has become more detailed and perfect, and it has responded positively to the drug-related crime situation. The principle of severely punishing drug-related crimes has been consistent, and the general direction of comprehensive social management has gradually become prominent. However, it also has the shortcomings such as the lack of flexibility of the legislative model, the lack of coordination, and the lack of obligations under international conventions. To this end, China should coordinate relevant provisions of the Criminal Law, actively fulfill its international treaty obligations, and continue to complete the criminal law network of drug crimes and construct a scientific punishment system in order to better combat drug crimes.