毒品再犯的认定——以胡某某等故意伤害、贩卖毒品案为例.pdfVIP

Abstract Drug crime is rampant, and drug recidivism phenomenon is very serious. Since the the Eighth Amendment to Criminal Law rules that the minor crime does not constitute recidivism ，the academic circle and judicial practice circle make a controversial discussion that whether juvenile drug-related crime constitutes drug recidivism. This paper studies the related issues, with an example of Hu intentional injury, drug trafficking case . This paper is divided into four parts. Part One ：Introduction of the basic situation of the case. According to the court verdict ,this section briefly introduces the fact that Hu deliberately hurt others and committed the crime of drug trafficking. Through summarizing the differences on related issues to the case ,it is concluded that the main focus of controversy are whether Hus behavior constitutes drug recidivism and whether Hus repeat crime plot should be considered again when executing punishment. Part Two: This section descripes the principle of legality, criminal policy of alternate leniency with severity, natural interpretation, principle of prohibiting repeatable evaluation, which are important criminal theories related to the case focus of controversy ,and then put forward the authors opinions. The paper analyzes whether the minor crime constitutes drug recidivism from natural interpretation and the criminal policy which sentences drug crime ， severely, the minor crime leniently. At the same time based on the understanding of principle of prohibiting repeatable evaluation, the paper explores that whether recidivism plot should be considered again when executing punishment. Part Three: Analysis and