对滥用毒品行为非犯罪化的思考

    Research on Decriminalization of Drag Abusing

    • 摘要: 滥用毒品行为属于“无被害人犯罪”,从刑法谦抑性的理论视角出发,我国不应将其犯罪化。文章通过对我国滥用毒品现状的调查及对此行为的犯罪化主张的分析,思考非犯罪化研究的重大现实意义,进而探索相关司法实践路径及刑事替代措施。

       

      Abstract: Decriminalization is the process by which previously defined criminal activities are deemed no longer as such. Practices as this in the international community have pushed forward the formation of the theories of decriminalization. From the theoretical perspective of Criminal Law, drug abusing as "no-victim" act should not be criminalized. Based on our investigation of the situation of drug abusing and our analysis of the supporting thoughts of its criminalizing, the paper considers the practical significance of the study on decriminalization and explores relevant alternative judicial measures.

       

    /

    返回文章
    返回
    Baidu
    map