关于立法治理吸毒行为的思考

On Controlling Drug-addiction by Legislation

关于吸毒罪的设置 ,在我国乃至世界的刑法学界争议很大。国际禁毒公约没有明确将非法消费毒品的行为规定为犯罪。笔者认为 ,泰国、德国、埃及、瑞士等国的作法值得借鉴 ,即设立吸毒罪 ,并规定相应的法定刑进行处罚 ,同时也规定有戒断康复措施予以替代刑罚的执行。这样 ,既可以通过刑法表明国家对吸毒行为的否定评价 ,一定程度预防更多吸毒行为的发生 ,又可以挽救、教育吸毒人员 ,维护社会稳定。

There is a big controversy in criminal law circle both in China and the world, which is about the definition of drug-addiction crimes. There is still no any definite regulations to stipulate the crime on unlawfully drug-consume in International Convention on Drug Control. In the author's opinion, there is much method experiences we can reference from Thailand, Germany, Egypt, Switzerland, etc, which are concerned the establishing the drug-addiction crimes and stipulate the corresponding penalties, as well as some prohibition and recovery measures to take the place of the penalties. Hence, We can not only to show the country's negative attitudes towards drug-addiction by means of criminal laws, but also prevent people from addicting drugs to some extent, together with save and educate on drug-addicts, at last to maintain the stability of the society.