Author(s)

Yao Xia ¹

Affiliation(s)

¹ People's Public Security University of China, Beijing, 100038, China

Corresponding Author

Yao Xia

ABSTRACT

In recent years, as China's efforts to combat drugs have continued to intensify, some of the narcotic drugs listed in prescriptions have begun to become objects of abuse, and the question of whether and how to criminalize the sale of narcotic drugs constitutes a crime has become a focal point. By analyzing the three different criminalization paths of illegal trafficking of narcotic drugs, it is concluded that the core reason for the controversy over the criminalization of this act is the unclear identification of the concept, attribute and use of narcotic drugs. On the basis of clarifying the concept, attributes and uses of narcotic drugs, illegal trafficking in narcotic drugs is recognized as a crime of obstructing the management of medicines, illegal business operation, or a crime of smuggling, trafficking or transporting drugs, as well as as a joint crime of robbery, rape and other crimes, in accordance with the perpetrator's use for medical purposes, trafficking in drugs and other illegal purposes.

KEYWORDS

Anesthetic drugs; dual attributes; medical use; crimes against drug administration; illegal business; smuggling, trafficking and transportation of drugs

CITE THIS PAPER

Yao Xia. Study on Judicial Determination of Narcotic Drugs and Psychotropic Substances. Science of Law Journal (2024) Vol. 3: 120-127. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030618.

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