论自愿戒毒:法规范、定位与制度创新

《戒毒条例》将自愿戒毒单独列为一章,使其成为我国的一项基本戒毒制度。但关于自愿戒毒,《戒毒条例》并不是简单地对《禁毒法》的相应规定进行细化,而是存在着严重的规范并用和冲突现象。只有对我国自愿戒毒的法律定位予以科学把握,才能发现和解决其在制度设计的相应问题。要从自愿戒毒的基本立场,即保护戒毒者的权利出发,推动我国自愿戒毒工作的开展,就必须进行相应的制度创新。一是将自愿戒毒作为首选性戒毒制度;二是加强戒毒医疗机构建设;三是推进戒毒药物维持治疗。     

Paisaje antes de la batalla. Notas sobre el contexto de la guerra contra las drogas en México

Mexico’s security crisis and Felipe Calderón’s (2006-2012) security strategy had its roots in drug trafficking, the prohibition of drugs, contraband and the border shared with the United States. Standard accounts of the violence experienced in the country, which reduce it to confrontations between drug cartels, are of little use. This article presents part of the context in which the security crisis developed, putting it in a historical perspective, and attempting to take a step towards a more nuanced interpretation. It holds that drug trafficking between Mexico and the United States is a complex, many-sided reality which admits dense symbolic elaboration. Apart from the very concrete shipping of drugs, drug trafficking is part of Mexico’s relation with the United States, a register that imbues the asymmetry between both countries with meaning, a space of political negotiation and a resource of American global diplomacy which is crystallized in a clandestine foreign policy system. Furthermore, through the demystification of the imagery that envelopes organized crime, corruption and contraband are examined, conceiving these two as phenomena that are integrated organically into borderland society.     

Political Violence and the Illicit Economies of West Africa

This comparative analysis draws on field research in several West African countries to illustrate the dynamic relationships between political violence and organized crime in this sub-region. These relationships are often transactional, and almost always on a temporary basis. While some alliances of convenience may be forged, in other cases an adversarial relationship exists between organized crime and terrorist networks. In some cases, key actors within West African governments have benefited from these relationships. We then examine recent policies and strategies pursued by the U.S. and the international community that, in the name of combating terrorism, seek to constrain the illicit economies of the region, but in doing so may do more harm than good. The article concludes with some policy recommendations based on this analysis.     

Recent narcotics and mafia research

Abstract

Research into narcotics‐related issues is underway all over the world. No country can afford to ignore the social and economic consequences of drug production, distribution, consumption, or the laundering of the profits thereof. The article examines recent and ongoing research in Latin America, the United States, the United Kingdom, and within the context of the European Community. Latin American studies relate drug production to wider problems of economic development, whereas typical “consumer country” studies are more concerned with criminological aspects and demand reduction policies. The drugs/crime link is seen to be closely bound up with the illegal context of the drugs market, thus the option for legalization is considered. The economic growth of the Italian mafia is explained. The author describes recent international agreements on money laundering and precursor chemicals, and concludes by stressing the value of international cooperation on all aspects of narcotics research.     

越南毒品政策：变化中的十年

HIV在毒品注射者中的迅速传播引起了越南政府的高度关注,并在1992～2011年间对毒品政策进行了重大调整。发现和分析促成政策转变的因素,探讨毒品政策与实践之间存在的矛盾,及其对吸毒人员获得有效的公共卫生服务的影响,对政府加强毒品问题防控尤为必要。政府应当发现政策冲突对社会及公共卫生可能造成的影响;不同管理部门应协调一致;应建立鼓励公民参与政策制定过程的制度,以强化毒品政策与实践的联系等对策。     

我国有组织毒品犯罪活动的嬗变及侦查启示

毒品犯罪活动具有广泛和深刻的社会危害性,一直受到国际社会的普遍关注。当代我国有组织毒品犯罪活动不断发展变化,毒品问题愈发严峻,毒品犯罪组织的结构形式和运作模式不断呈现出新的特点,所产生的犯罪能量日益扩大,对我国缉毒侦查工作造成极大的挑战。有必要系统分析我国毒品犯罪的成因及有组织毒品犯罪活动的嬗变过程,在深刻发掘毒品犯罪本质的基础上提出针对有组织毒品犯罪的侦查策略。     

Proteolytic‐Based Method for the Identification of Human Growth Hormone*

Abstract: Human growth hormone (HGH) is a relatively small protein consisting of 191 amino acids and has an average mass of 22,125 amu. The forensic analysis of proteins such as HGH must meet the analytical sufficiency requirements for the laboratory and consists of a binary approach. A suspected sample is analyzed as the whole protein for retention time and mass determination using high performance liquid chromatography equipped with a photodiode array and liquid chromatography mass spectrometry. Further fragmentation of the protein using a proteolytic enzyme adds another dimension to the specificity of the analysis. Porcine trypsin digests proteins in a very predictable manner and yields peptide fragments of the original protein that can be used as a means for fingerprinting the larger biomolecule. In silico, or theoretical, digestion of HGH by trypsin yields 21 peptides ranging in size from 1 to 23 amino acids in length. The larger fragments containing higher numbers of amino acids give more specificity to identifying a protein based on a fragment produced by the digestion of trypsin. Herein, the analysis of HGH using a proteolytic approach is presented that meets the Scientific Working Group for the Analysis of Seized Drugs (SWGDRUG) recommendations for the identification of unknown substances.     

Stable Isotope Ratios of Marijuana. I. Carbon and Nitrogen Stable Isotopes Describe Growth Conditions*

Abstract: There remains significant uncertainty in illicit marijuana cultivation. We analyzed the δ¹³C and δ¹⁵N of 508 domestic samples from known U.S.A. counties, 31 seized from a single location, 5 samples grown in Mexico and Colombia, and 10 northwest border seizures. For a subset, inflorescences and leaves were analyzed separately. These data revealed a strong correspondence, with inflorescences having slightly higher δ¹³C and δ¹⁵N values than leaves. A framework for interpreting these results is introduced and evaluated. Samples identified as outdoor‐grown by δ¹³C were generally recorded as such by the Drug Enforcement Administration (DEA). DEA‐classified indoor‐grown samples had the most negative δ¹³C values, consistent with indoor cultivation, although many were also in the outdoor‐grown domain. δ¹⁵N indicated a wide range of fertilizers across the dataset. Samples seized at the single location suggested multiple sources. Northwest border δ¹³C values suggested indoor growth, whereas for the Mexican and Colombian samples they indicated outdoor growth.     

An optimal anti-drug law enforcement policy

This article presents a model for a drug law enforcement policy whose objective is harm reduction, including the net cost of law enforcement, social harm and surplus of agents. We consider a vertically organized distribution system with two levels, traffickers and retailers. The two questions concern which type of sellers have to be prosecuted and which law enforcement policy should be implemented that is, the probability of being caught and the severity of the punishment. We show that a trafficker-oriented law enforcement regime can avoid counter-productive policies. Moreover, decriminalization or depenalization is optimal under some conditions depending on the relationship between social harm and consumption.     

吸毒死亡相关者组织病理学观察

目的研究吸毒死亡者的组织病理学特点,为此类案件的诊断提供有价值的参考资料。方法收集30例吸毒者尸体材料,进行系统尸体解剖和组织病理学检查,并结合吸毒者生前资料进行综合分析。结果体表注射痕迹、消瘦、窒息现象和重要器官病变与吸毒密切相关。30例中,20％死于疾病,33．3％死于毒品过量致急性中毒,26．7％在戒毒期间死亡,10％猝死,10％死于外来暴力。结论系统尸检和组织病理学观察在毒品相关死亡案例的诊断中有重要意义。