Some kinds of supervised narcotics and psychotropic drugs have dual attributes,which signifies that those drugs shall be legal when applied to treat disease.Formerly,selling without permission narcotics or psychotropic drugs for medical purpose will not be defined as illegal drug crimes but probably the Crime of Illegal Business Operations.Since the Crime of Hindering Drug Management was added by Amendment Ⅺ to Criminal Law,it is disputed widely that if selling legal drugs including supervised narcotics and psychotropic drugs without permission shall be treated as a crime.The theory of Run-ning Parallel argues that the two crimes can be defined in different domain,selling legal drugs without permission will probably constitute the Crime of Illegal Business Operations even if excluding the Crime of Hindering Drug Management.While the the-ory of Mutual Exclusion insists that the Crime of Hindering Drug Management encroaches on the Crime of Illegal Business Op-erations,if an act does not constitute the former crime,it shall not be defined to be the later one as a logical result.In order to punish illegal drug crimes heavily,this article agrees with a compromised opinion based on the theory of Mutual Exclusion,which supports exceptionally the theory of Running Parallel just when the involved drugs are supervised narcotics or psycho-tropic drugs.For wide acceptance of the compromised theory,it is necessary to amend some related judicial interpretations or make a written judicial reply as soon as possible,and amend the Criminal Law itself at a proper time,whereby proclaiming the right judicial definition of selling supervised special drugs without permission.
Supervised Narcotics and Psychotropic DrugsDual AttributesJudicial definitionthe Crime of Hindering Drug Managementthe Crime of Illegal Business OperationsSolving Approaches
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