中国当代新型毒品风险评估与控制模式应用研究 = Study on the assessment and control of new narcotic drugs in contemporary China

Publication Type:
Thesis
Issue Date:
2008
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NO FULL TEXT AVAILABLE. Access is restricted indefinitely. ----- 随着全球化和信息化的不断发展,我们正逐步进入一个新的不同于传统"常态社会"的"风险社会"。中国于20世纪80年代初以来出现的新一轮的毒品问题发展至21世纪头几年后,正在发生悄然质变的发展态势,即由以境外渗透、以鸦片、海洛因占绝对主导的毒品贩运和滥用状况发展为以新型毒品为主导的多元毒品制造、贩运和滥用状况,新型毒品风险已越来越受到社会的关注。本文试图检讨中外当代毒品犯罪研究成果,在充分肯定其积极意义的同时提出了有待加强和改进的方面。在此基础上,借用风险管理的原理与方法,对中国目前新型毒品的生产加工、消费和流通风险进行抽样调查,以清晰识别和掌握目前新型毒品风险现状,进而提出相关对策分析与建议。 With an application of the theories of risk management, this study is an attempt to provide an in-depth analysis on the control of new narcotic drugs, which are chemical products rather than extractions from certain plants, in contemporary China. Its contributions are both conceptual and empirical, advancing our knowledge of the latest development in drug control in China. This is the first book-length study in China to analyse in a systematic way the new trend of the drug problem in contemporary China, namely the production, circulation and consumption of new drugs, which are competing with or even replacing the traditional mainstream drugs such as opium, morphine and heroin. Based on comprehensive surveys and other primary data, this study provides an account of the real situation of problem in china. This study has made a major contribution in understanding and improving the drug control in China by developing a viable system of indicators to access the risks of new narcotic drugs. This new model of indicators covers all three aspects of the production, circulation and consumption of the new narcotic drugs. This study goes a step further to identify the deficiency in the Chinese current legislature in controlling the new narcotic drugs and propose a series of new legislature, regulations, policies and implementing measures in dealing with the new situation. This study also discusses two controversial issues in dealing with the crimes related to the new narcotic drugs. The first is about the concrete codes of punishment in the criminal law, arguing that in principle the punishment should be much lighter because these new narcotic drugs are sometimes very close to normal medicine. The second is about the motive of criminal action, arguing that a set of actions rather than one single action should be taken into account in determining the action of “knowingly committing a crime”.
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