摘要
《禁毒法》在立法方向上应当归属行政法律部门,将调整对象放在我国法律体系中禁毒工作的空白处,刑法、刑诉法已经予以规定的打击毒品犯罪方面的内容不宜再纳入《禁毒法》,而应统一于刑法和刑诉法,坚持刑法和刑诉法在打击毒品犯罪方面的主导地位。我国禁毒方面的法律规范与司法解释、政策文件较多,清理并整合这些条款,使不同阶位的禁毒规定在各自领域发挥作用也是当前不容忽视的立法活动。
An administrative legislation department should bear the responsibility to make Law of Drugs Control, which marginalizes the redressed part into the unnoticed field of drugs control efforts in the Chinese jurisprudence. Those items on drugs law enforcement prescribed in Criminal Law as well as Criminal Proceeding Law should not be repeated in Law of Drugs Control but are subject to Criminal Law and Criminal Proceeding Law. It should be persisted in that Criminal Law and Criminal Proceeding Law should play leading roles legislatively in fighting against drug - related crimes. As there are a lot of criteria and judicial interpretations as well as policy papers on drugs control available in China, it becomes un - neglected legislation actions today that these legislative items be sorted out and merged so that different degrees of drug control regulations can play their respective roles in their own areas.
出处
《云南警官学院学报》
2006年第3期21-24,共4页
The Journal of Yunnan Police College
关键词
禁毒立法
司法解释
法律体系
禁毒法
Drug Control Legislation
Judicial Interpretations
Jurisprudence
