毒品再犯相关问题研究

毒品犯罪的社会危害性极其严重。1997年刑法为严厉惩处毒品犯罪,在第356条中规定:“因走私、贩卖、运输、制造、非法持有毒品罪被判过刑,又犯本节之罪的,从重处罚。”文章从对该条文的学理争议入手,在论述毒品再犯的构成条件的基础上,着重探讨了其与一般累犯和危害国家安全累犯的联系和区别,认为它是有别于刑法总则规定累犯制度的一种毒品再犯制度,具有其独特的内涵和价值。对在毒品再犯制度适用中出现的一些重点、难点问题进行了研究。

The Research on Problems of Drug Recrime

The drug-related crimes are very harmful to the society.In 1997,in order to severely punish drug-related crimes,the criminal law stipulated in the 356th article states,"those who had been punished for smuggling,trading,transporting,and illegally manufacturing narcotics,and have committed this crime again,will be severely punished." This article starts from the theoretical discusion of this stipulaton,and discusses its connections with and differences to recidivisms of other ordinary crimes and recidivism of crimes of offences against state security on the base of the analysis of the constitution condition of drug recrime.This article concludes that recidivism of drug-related crimes is different from recidivisms of other crimes defined in the criminal law,and that it has its unique nature and research value.Finally,the article does some research on the problems with the application of laws against recidivisms of drug-related crimes.