网络组织吸毒行为的刑法规制

Criminal Regulations on Drug Abuse of Network Organizations

由于网络具有辐射性、跨时空性和不特定性等特征,网络组织吸毒行为的违法性累积、提升,具有了严重的法益侵害性。理论上对如何规制利用网络组织吸毒的行为有容留扩张说、非法利用信息网络说、无罪说和组织吸毒入罪说四种观点。前三种观点具有难以克服的理论缺陷或实践障碍,无法合理解决问题。设立组织吸毒罪具有法益上的正当性,顺应了我国严而不厉的刑法结构发展和毒品政策转向的趋势。组织吸毒罪内涵明确,与现有刑法体系能有效衔接,设置本罪是规制网络组织吸毒行为的合理方式。

As network has the characteristics of radiation,cross-domain time and space,and non-specificity,the illegality of the organization of drug abuse due to the intervention of the network has accumulated and increased,which has serious legal interests infringement.In theory,there are four views on how to regulate the use of internet to organize drug abuse such as the theory of accommodation and expansion,the theory of illegal use of information networks,the theory of innocence and the theory of organizing drug abuse.The first three viewpoints have insurmountable theoretical flaws or practical obstacles and it is difficult to reasonably solve the problems.The establishment of the organization of drug abuse crimes is legitimate in terms of legal benefits and conforms to the development of China's stringent criminal law structure and the trend of drug policy changes.The crime of organizing drug abuse has a clear connotation and can be effectively connected with the existing criminal law system.The establishment of this crime is a reasonable means to regulate drug abuse behavior of network organizations.