论制毒物品相关行为的刑法规制
发布时间：2018-10-12 17:54
【摘要】：毒品问题一直是人类社会的公敌,而制毒物品是毒品的源头和犯罪的起点,如何阻止制毒物品通过非法渠道流入社会,是全面禁毒的重要课题之一。当前,我国主要是通过刑法规制来实现这一目的,以刑法条文为基础,有关部门依据司法解释的规定,准确适用法律对制毒物品进行管制。因为制毒物品犯罪理论研究和相关立法、司法的落后所带来的阻力以及其他一些社会因素,导致我国制毒物品管制的形势仍然严峻。本文通过文献研究和实证研究,统筹分析立法和司法两个层面,在系统归纳分析制毒物品相关行为内涵外延的基础上,重点考察现有刑法规制体系,结合各类司法实践找出当中凸显的不足之处,并针对这些问题提出了一些完善的建议。为进一步完善当前的制毒物品相关行为刑法规制体系,需要根据修正后的刑法规定,全面整理当前的司法解释。应当实现制毒物品相关行为认定当中相关认定规则的完善与法律化,理清“制毒物品”与“易制毒化学品”之间的关系,明确制毒物品的概念外延,并在计算制毒物品数量时进行累计计算并按纯度折算;明确含易制毒化学品的药品复方制剂相关行为的刑法规制,将已经不具有药品形态的含易制毒化学品药品复方制剂认定为刑法上的“制毒物品”;增设非法持有制毒物品罪。
[Abstract]:The drug problem has always been the public enemy of human society, and the substance of drug production is the source of drugs and the starting point of crime. How to prevent the drug production from flowing into the society through illegal channels is one of the important topics of comprehensive drug control. At present, our country mainly through the criminal law regulation to achieve this purpose, based on the provisions of the criminal law, the relevant departments according to the provisions of judicial interpretation, the accurate application of the law to control the production of drugs. Because of the research of the crime theory and the related legislation, the resistance brought by the backwardness of the judicature and some other social factors, the situation of the control of the drug production in our country is still grim. Through literature research and empirical research, this paper analyzes the legislative and judicial aspects as a whole. On the basis of systematic analysis of the connotation and extension of drug-making articles, this paper focuses on the existing criminal law regulation system. Combined with all kinds of judicial practice to find out the outstanding deficiencies, and put forward some perfect suggestions for these problems. In order to further improve the current criminal law system of drug production, it is necessary to comprehensively arrange the current judicial interpretation according to the amended criminal law. We should realize the perfection and legalization of the relevant identification rules in the identification of the related behavior of the drug making articles, clarify the relationship between the "drug making articles" and "prone chemicals", and clarify the concept extension of the drug making articles. And in the calculation of the quantity of drug preparation, the cumulative calculation and conversion according to the purity; clear criminal law regulation of the behavior related to the drug compound preparation containing precursor chemicals, The compound preparations containing precursor chemicals and drugs without the form of drugs have been regarded as "drug making articles" in criminal law, and the crime of illegal possession of drug-making articles has been added.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3
本文编号：2267061
[Abstract]:The drug problem has always been the public enemy of human society, and the substance of drug production is the source of drugs and the starting point of crime. How to prevent the drug production from flowing into the society through illegal channels is one of the important topics of comprehensive drug control. At present, our country mainly through the criminal law regulation to achieve this purpose, based on the provisions of the criminal law, the relevant departments according to the provisions of judicial interpretation, the accurate application of the law to control the production of drugs. Because of the research of the crime theory and the related legislation, the resistance brought by the backwardness of the judicature and some other social factors, the situation of the control of the drug production in our country is still grim. Through literature research and empirical research, this paper analyzes the legislative and judicial aspects as a whole. On the basis of systematic analysis of the connotation and extension of drug-making articles, this paper focuses on the existing criminal law regulation system. Combined with all kinds of judicial practice to find out the outstanding deficiencies, and put forward some perfect suggestions for these problems. In order to further improve the current criminal law system of drug production, it is necessary to comprehensively arrange the current judicial interpretation according to the amended criminal law. We should realize the perfection and legalization of the relevant identification rules in the identification of the related behavior of the drug making articles, clarify the relationship between the "drug making articles" and "prone chemicals", and clarify the concept extension of the drug making articles. And in the calculation of the quantity of drug preparation, the cumulative calculation and conversion according to the purity; clear criminal law regulation of the behavior related to the drug compound preparation containing precursor chemicals, The compound preparations containing precursor chemicals and drugs without the form of drugs have been regarded as "drug making articles" in criminal law, and the crime of illegal possession of drug-making articles has been added.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3
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相关期刊论文 前2条
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2 张建军;;谦抑理念下持有型犯罪的立法选择[J];国家检察官学院学报;2011年03期
相关硕士学位论文 前1条
1 肇恒伟;制毒物品犯罪研究[D];吉林大学;2007年
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