毒品犯罪司法政策的理论辩正与实践展开

Theoretical Considerations of Judicial Policy of Drug-related Crimes and Its Practice

毒品犯罪作为世界三大公害之一,是具有严重社会危害性的犯罪,对社会生活产生了极大的负面影响。我国历来应对毒品犯罪的刑事政策都是"从严打击",在此政策的指导下开展各项禁毒活动。尽管如此,毒品犯罪形势仍然严峻。为了充分地发挥刑罚的预防和遏制犯罪的作用,仍需继续贯彻"从严打击"的刑事政策,同时也应把握好"宽严相济"的刑事政策,改变当前过于重刑化的倾向。严格限制死刑的适用范围,加大经济刑罚的适用,从源头遏制毒品犯罪;根据各个犯罪人的情状有效确定主犯或者从犯;合理认定毒品再犯与累犯,推动禁毒工作取得更为明显的成效。

As one of the three major public hazards in the world, drug-related crime has severe social harmfulness and a profound negative impact on social life. China’s criminal policy to deal with drug-related crimes has always been a “severe blow”. Under the guidance of this policy, China has carried out various kinds of anti-drug activities. However, the result is not satisfying and the situation of drug-related crime is still very serious. In order to give full play to the role of criminal punishment in preventing and curbing crime, it is necessary to continue to carry out the criminal policy of “severe blow”. Meanwhile, China should also grasp the criminal policy of “ lenient and strict punishment” and change the current tendency of excessive punishment at present. In addition, China needs to strictly restrict the application scope of death penalty, increase the application of economic penalties and curb drug crimes from the source. The principal offender or accessory offender should be determined according to the specific state of each offender and the recurrence and recidivism of drug-related crimes should be rationally clarified in order to promote drug control work to achieve more obvious results.