Abstract:Problems caused by the consumption of narcotic drugs include the abuse of and addiction to drugs. The legal interest protected by drug-related criminal law is the right to be free from the danger of getting into non-free condition resulting from dependence on drugs. However，the criminal law control of drugs may create new problems because using the criminal law as the primary means of controlling drugs will neither reduce the demand or supply in the drug market，nor stop the continuous growth of drug-related crimes，but will instead encourage the organized development of drug-related crimes. Therefore，the severe punishments of drug-related crimes under the current Criminal Law are excess drug-control measures. The prohibition of drugs leads to black drug market，and the monopoly of the black market leads to the extortion and exploitation of drug-users. Meanwhile，the black drug market also causes many other crimes. To solve this problem，China needs to reduce the severity of the punishments against drug-related crimes and use the heroin prescription under the state supervision to breakdown the black drug market. While the misunderstanding of narcotic drugs and their pharmacological effects and the traditional idea of zero-tolerance of drugs pose obstacles to China’s adoption of the heroin prescription system，the idea and practice of “minimizing the harms to the drug-users” and preventing their life and human rights conditions from worsening as a result of the negative effects of severe laws against drug are opposed by nobody and indicate the actual direction of development of drug control policy.
收起
京公网安备11010202008212号