A Study on the Typification Determination of Organized Online Drug Consumption
The fundamental basis for determining the act of organizing drug abuse through the internet lies in legal norms.The historical evolution of past norms provides a reference basis for examining the background of the promulgation of relevant provisions.The emergence of The Summary of the National Court Work Conference on Drug Cases has laid a normative foundation for the typification determination of organized online drug consumption.The determination of organizing drug abuse through the internet faces issues such as inconsistent judicial determinations in practical cases,unclear delineation of organizational behaviors,and indeterminate concurrence relationships.Under the logical framework of typification determination,inducement-type of organizing drug abuse online constitutes the crime of inducing or instigating others to use drugs.Permissive-type organizing drug use online,under the conditions of satisfying the"location"with characteristics of privacy and controllability,constitutes the crime of providing a shelter for drug users.The application of illegal utilization of information networks is premised on the purposeful behavior constituting a crime or belonging to categories stipulated in The Criminal Law.The determination of the concurrence of offenses related to organized online drug consumption should be comprehensively assessed,taking into account both drug-related and cybercrimes,with a focus on the"number of acts"and"involvement relationships",and a reasonable application of the sentencing guidelines based on the differentiation between minor and serious offenses.
organized online drug consumptionthe crime of inducing,instigating,deceiving others into drug abusethe crime of providing a shelter for drug usersconcurrence
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维普
