论刑罚惩治毒品依赖行为的几个问题

吸毒作为一种国际性的社会问题,世界各国都对涉及毒品犯罪从刑法上给予严厉的打击。与之相比,我国对吸食、注射毒品行为的处罚显然失之于宽,失之于软。因此,刑罚惩治毒品依赖行为的要求日益凸显。现实操作中应注意:1.打击面不能过宽;2.识别所依赖的毒品种类;3.注意羁押中的毒品依赖人员人身和生命安全问题;4.罪名设置问题;5.刑罚设置问题。

On A Few Problems Brought About By Punishment Against Drug Abuse Behaviors Applied By the Criminal Law

Drug taking is a worldwide social problem.Every authority and its criminal law around the globe all put severe punishment upon the drug-related crimes.Comparing with other counterparts of the world,the Chinese government put a rather high tolerance and a weaker punishment on drug taking as well as injection drug using behaviors.Therefore,there is a pressing call to deploy the criminal laws to punish the drug abusing activities.What should arouse our attentions in the practical operations are as followings: 1) the scope of attack should be narrowed;2) the type of drugs abused should be identified;3) the personal and life safety of the drug addicts in custody should be guaranteed;4) how to identify the charge;5) how to implement punishment.