Objective Behavior Determination of the Crime of Obstructing Drug Administration

Abstract

In order to further regulate the borderline behavior of drug crimes and protect the social public interest, the Amendment (XI) to the Criminal Law made a legislative response to this, adding a crime of interfering with drug administration after Article 142 of the Criminal Law. The appearance of this crime broke the traditional system which mainly harms human life and health and drug management order, and reconstructed the drug crime system. In the drug crime system, there are many views on the doctrinal study of the crime of interfering with drug administration, but on this basis, there are still some problems in the judicial determination of the crime of interfering with drug administration, which are also the focus of this paper. Under the background of the newly regulated drug crime system and the increase of the crime of interfering with drug administration, it is urgent to take the difficulties arising from the judicial application process as the important difficulty, which is mainly the identification of four kinds of illegal and interfering acts in its objective elements. This paper discusses the difficulty of identifying the crime in judicial practice, so as to provide some reference and guidance for the judicial practice of the crime of obstructing drug control in our country, so as to avoid the false judicature and misjudgment.