China News Agency, Beijing, June 23 Question: How can Chinese courts use "strict" drug control?
China News Service reporter Zhang Su
In the past five years, more than 630,000 drug crime cases have been cracked across the country, 30,000 drug gangs have been killed, 780,000 criminal suspects have been arrested, and 406 tons of various drugs have been seized. "Overall, the current number of drug crime cases is still high." Li Shaoping, vice president of China's Supreme People's Court and deputy director of the National Drug Control Commission, said.
Data map: Supreme People's Court. China News Agency reporter Li Huisi
As it said, although the number of drug crime cases concluded in the first instance of the court has declined in recent years, the situation of drug control is still grim and complicated.
The situation is grim: the crime of drug smuggling entry remains high
Li Shaoping analyzed the severity of the anti-drug situation from four aspects: first, the penetration of foreign drug sources into China increased, and the crime of drug smuggling and entry into the border and coastal areas remained high; second, the crime of domestic synthetic drug manufacturing was more prominent, and drug-making substances flowed into illegal channels The situation is more severe; third, the types of drugs involved are diversified, and new types of drug crimes are on the rise; fourth, the increase in the scientific and technological and intelligent methods of drug trafficking activities, the more concealed drug crimes, the greater the difficulty of combating and monitoring.
The top ten typical cases of drug (drug-related) crimes in 2020 released by the Supreme Law on the 23rd reflect the above trends. Shi Jinghai, a researcher at the National Drug Administration Research Center of Southwest University of Political Science and Law, summarized the four characteristics of "changing, big, new and special" when analyzing the case:
First, 6 of the 10 cases involved crimes of smuggling, trafficking, transportation, and manufacturing of drugs, indicating that such crimes are still the current normal drug crimes in China; second, although none of these 6 cases are drug crime syndicates and drug lords Implemented, but the four cases are “especially huge” or “large” in terms of the number of drugs, reflecting that China’s drug addicts are still huge and the demand for drugs is large; third, the case shows “employment through the mobile phone network without a case Young people's drug trafficking, "illegal use of information networks to sell drugs" and other new behaviors, and involves a variety of new drugs such as fentanyl; fourth, the subject of the crime is "special", including some who grow and sell cannabis with their father. "After the 95" Bian Chenchen, there are school students Chen Desheng accommodating more than ten minor drug abusers, and Liu Yanshuo, a national worker who sells drugs.
"It shows that my country's current drug problem management situation is still grim, but it also means that my country's current anti-drug work is facing many new problems and needs to study and formulate new countermeasures." Shi Jinghai said.
Severe punishment: sentenced to death for the most serious crime
"Acquisition of criminal responsibility according to law can achieve the effect of punishing and curbing drug crimes." Li Shaoping pointed out that in the past five years, the rate of severe sentences sentenced to more than five years of imprisonment in drug crime cases in each year has been significantly higher than that of all criminal cases in the same period. rate. The drug criminals with extremely serious crimes, extremely subjective viciousness, and sufficient evidence of crimes will be sentenced to death in accordance with the law.
There are 3 death penalty cases out of the 10 typical cases issued by the Supreme Law this time. The criminals Wu Chuan and Wu Haizhu gathered multiple people to participate in the crime, organized the transportation and contacted the sales after the drugs were produced in the selected drug manufacturing workshop, and formed a "one-stop production, supply and marketing" type of crime chain, and the number of drugs involved was particularly huge; criminal Zhou Xinlin Cooperating with others to buy cars for transporting drugs, renting houses for possession of drugs, checking drugs out of home, contacting home to pick up drugs, the number of drugs involved is particularly huge, and he was sentenced to a heavy sentence for crimes, and was implemented immediately after the parole period expired Drug crimes are repetitive offenses, subjectively vicious, and untenable; Zhang Wei, a long-term drug abuser, causes mental disorders, kills innocent children, and separates his corpse. The criminal means is cruel, and the plot is particularly bad. The crime is extremely serious. These criminals have all been executed.
"Severely crack down on the manufacture of drugs, large-scale smuggling, trafficking, transportation of drugs, large-scale illegal production, sale, transportation of drugs, drug trafficking, serious crimes caused by drug users and other serious drugs or drug-related crimes," Li Shaoping added. Owls, occupational drug offenders, recidivists, drug offenders, violent resistance to investigation, armed cover crimes, crimes involving the use of minors, crimes committed by state personnel, and other serious circumstances shall be severely punished according to law.
The court also stepped up economic sanctions against drug crimes, recovered illegal income in accordance with the law, used fines, confiscated property punishments and increased enforcement efforts to ensure economic punishment of crimes and deprivation of recidivism.
Strict implementation: use trial to participate in comprehensive drug control
Li Shaoping said that if the number of drug users cannot be effectively reduced and the demand for drugs reduced, the effectiveness of penalties in curbing drug crimes will inevitably be affected. Therefore, it is necessary to combine the containment of drug crimes with the treatment of drug abuse.
Shi Jinghai believes that from doing a good job in the trial of drug crime cases, to formulating multiple judicial normative documents, publishing the "White Paper on Anti-drug Work of the People's Court (2012-2017)" and typical cases, and adopting other forms of anti-drug propaganda, the court Various actions are being taken to implement the anti-drug responsibility system.
"There are still some weak links in the people's court's anti-drug work." Li Shaoping said that the next step is to promote the new era's people's court's anti-drug work and achieve new results. For example, it actively participates in special actions such as the “clean edge” organized by the National Narcotics Control Commission, strengthens communication and cooperation with relevant functional departments, and gives full play to the criminal trial function; in another example, it focuses on vulnerable groups such as unemployed personnel, school dropouts, floating population, etc. Promote the serious harm of drugs, especially synthetic drugs, and the policy stance of the People's Court to punish drug crimes severely, and alert the public, especially young people, to stay away from drugs.
Shi Jinghai proposed to divide the areas with serious drug problems, prone to occurrence and prevention and control, and adopt different prevention and control measures to form a multi-space, multi-level, three-dimensional drug management system to squeeze and narrow the existence of areas with serious drug problems To fundamentally curb drug crime. (Finish)