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Narcotics Control in China
中国的禁毒
【法宝引证码】
 
  
   
Foreword
The present globalization of the drug issue has posed a grave menace to human well-being and development. According to data published by the United Nations in 1998, 21 million people worldwide suffered from cocaine or heroin addiction, and another 30 million from the abuse of amphetamine-type stimulants.
On her southwestern border China is adjacent to the "Golden Triangle,"one of the main sources of drugs in the world. Since the late 1970s, the illicit international narcotics tide has constantly invaded China, and criminal drug-related activities touched off by transit drug trafficking have re-emerged. The number of drug addicts has kept rising, drug-related cases have constantly increased, the drug scourge is becoming more serious with each passing day, and the situation is grim for the anti-drug struggle. In 1999, China cracked down 65,000 drug-related criminal cases, and confiscated 5.364 tons of heroin, 1.193 tons of opium, 16.059 tons of crystal methamphetamine (commonly known as "ice'), and some cocaine, MDMA and marijuana. In 1999, the number of drug-related cases cracked and the total amount of drugs confiscated increased by 2.4 percent and 33.6 percent, respectively, over 1998. The number of drug addicts registered with the public security organs in 1999 was 148,000, a figure which rose to 520,000 in 1995, and to 681,000 in 1999. Now drug addicts account for 0.054 percent of China's total population. Of the drug addicts, those taking heroin make up 71.5 percent, and those under the age of 35 amount to 79.2 percent. By the end of 1999, of a total of 17,316 reported cases of AIDS virus infection, those infected by intravenous injections of drugs made up 72.4 percent. At present, each province, autonomous region, and municipality directly under the Central Government in China suffers from illegal drug-related activities to a certain extent, and China has been turned from a victim of the transit drug trade into a victim of both drug transit and consumption.
Illicit drugs bring calamity to any country and people. Launching an anti-drug struggle to eliminate the drug scourge is the historical responsibility of the Chinese government. In old China, drugs once brought hideous disaster to the nation. But after the founding of the People's Republic of China (PRC) in 1949, the Chinese government led the Chinese people in a momentous struggle against drugs. In a short period of three years, China wiped out the scourge of opium, which had scourged China for a century, thus performing a miracle acknowledged by the whole world. Confronting the new drug problem, the Chinese government, taking an attitude of supreme responsibility to the state, the nation and the people, and the mankind as a whole, and standing firm in strictly prohibiting illegal drugs, has adopted all necessary measures and done its utmost to ban illicit drugs for the benefit of the people.
 前 言
当今世界,全球化的毒品问题已对人类的生存和发展构成重大威胁。据1998年联合国有关资料显示:全世界有2100万人遭受可卡因和海洛因之害,有3000万人因滥用苯丙胺类兴奋剂而受害。
中国西南边境毗邻世界最主要的毒源地“金三角”。二十世纪七十年代末期以来,国际毒潮不断侵袭中国,过境贩毒引发的毒品违法犯罪活动死灰复燃;吸毒人数持续上升,毒品案件不断增多,危害日益严重,禁毒形势严峻。1999年,全国共查获毒品犯罪案件6.5万起,缴获海洛因5.364吨、鸦片1.193吨、甲基苯丙胺(俗称“冰毒”)16.059吨,以及部分可卡因、摇头丸(MDMA)、大麻等,破案数和缴获毒品总量分别比1998年增加2.4%和33.6%。中国公安部门登记在册的吸毒人数,1991年为14.8万,1995年为52万,1999年为68.1万。现有吸毒人数占全国总人口的0.54‰,吸毒人数中,吸食海洛因的占71.5%,年龄在35岁以下的占79.2%。截至1999年底,全国累计报告的17316例艾滋病病毒感染者中,因静脉注射毒品感染的占72.4%。目前,全国各省、自治区、直辖市都程度不同地存在着与毒品有关的违法犯罪活动,中国已由毒品过境受害国转变为毒品过境与消费并存的受害国。
毒品祸国殃民。开展禁毒斗争,扫除毒品祸害,是中国政府的历史责任。在旧中国,毒品曾给中华民族带来深重灾难。1949年中华人民共和国成立后,中国政府领导人民开展了声势浩大的禁毒斗争,在短短三年时间里,一举禁绝了为患百年的鸦片烟毒,创造了举世公认的奇迹。面对新的毒品问题,中国政府以对国家、民族、人民和全人类高度负责的态度,坚持严厉禁毒的立场,采取一切必要措施,尽最大努力禁绝毒品,造福人民。
I.Sticking to the Position of Strict Drug Control
The Chinese government believes that drugs are a worldwide public hazard confronting the whole of mankind, and drug control is an imminent and common responsibility incumbent to international society. Drugs harm people's health, give rise to corruption and crimes, disrupt sustainable development and endanger national security and world peace. Therefore, all illegal activities involving drugs must be strictly prohibited and eliminated.
The Chinese people feel keenly the harm of drugs, and know that drug control is in their fundamental interests. Safeguarding citizens' lives, and protecting the people's subsistence and development are the lofty responsibilities of the Chinese government. For many years, the Chinese government has taken drug control as a fundamental objective, and has formulated and implemented a series of principles, policies and measures in this regard.
Attending to drug control as a vital matter involving the rise and fall of the Chinese nation. We take drug control as a basic policy and include it in the program for national economic and social development, and make it an important duty of governments at all levels. The governments at all levels have set up a drug control work responsibility system that suits the actual conditions of China to maintain the permanent momentum in drug control.
Implementing a comprehensive drug control strategy. We take drug control as a complex social system project and a long-term strategic task, and use various means in a comprehensive way-law, administration, the economy, culture, education, and medical treatment, to mobilize and organize all social walks of life to participate in the anti-drug struggle.
Persisting in drug control according to law. In accordance with the general plan of exercising the rule of law, we have persisted in setting up and perfecting a system of laws and regulations concerning drug control, administered and controlled narcotics, psychotropic substances, and precursor chemicals, prevented and punished drug-related crimes. We have resolutely cracked down on various illegal activities involving drugs, started drug addiction treatment and rehabilitation, corrected, cured and rescued drug addicts, so as to guarantee that drug control work proceeds in a law-governed manner.
Formulating the working principle of "promoting'4-in-1 prohibitions' simultaneously, eradicating sources of drugs and obstructing their channels of trafficking, enforcing the law strictly, and solving the problem by examining both its root causes and its symptoms."While prohibiting drug abuse, trafficking, cultivating and manufacturing, we lay equal stress on the control of illicit supplies and the prevention of drug abuse, forbid and crack down on all illegal activities involving drugs.
Taking the prevention of drug abuse by teenagers as a basic project in drug control. As for teenagers, we put stress on education and protection, adopt various powerful measures, organize and coordinate relevant government departments and various mass organizations to perfect the preventive work, and educate youngsters to treasure their lives and refuse drugs.
Actively participating in and promoting international cooperation in drug control. The Chinese government supports international drug control cooperation, and earnestly implements three propositions in this regard: adhering to the principle of extensive participation and shared responsibilities; comprehensively implementing an overall and balanced international drug control strategy; and attaching great importance to alternative development to promote a solution to the drug problem for good.
In China, drug control is led by governments at all levels, in the care of the drug control departments of public security authorities, co-administered by relevant government functional departments and participated in jointly by mass organizations. In 1990, the Chinese government set up the National Narcotics Control Commission (NNCC), composed of 25 departments, including the Ministry of Public Security, Ministry of Health and General Administration of Customs. The NNCC leads the nation's drug control work in a unified way, and is responsible for international drug control cooperation, with an operational agency based in the Ministry of Public Security. In 1998, with the approval of the State Council, the Ministry of Public Security set up the Drug Control Bureau, which also serves as an operational agency of the NNCC. Now, the governments of all the 31 provinces, autonomous regions and municipalities and most counties (cities and districts) in China have set up corresponding drug control leading organs. Meanwhile, the public security organs of 24 provinces, autonomous regions and municipalities, and of the 204 regions (cities and prefectures) and 735 counties (cities and districts) under the jurisdiction of these provinces, autonomous regions and municipalities have set up police anti-drug squads. The Chinese People's Armed Police, frontier defense force of the public security authorities, judicial departments, Customs, supervision and control organs of pharmaceuticals, and administration departments for industry and commerce also undertake corresponding anti-drug law enforcement tasks. Governments at all levels in China include the funds required for drug control in their financial budgets, and along with the development of the national economy and the needs of the drug control situation, the funds allocated for such purpose are expected to increase every year. In 1998, the China Narcotics Control Foundation was set up, with the approval of the State Council, aiming at collecting funds from society at large to support drug control work.
 一、坚持严厉禁毒的立场
中国政府认为,毒品是全人类共同面对的世界性公害,禁毒是国际社会刻不容缓的共同责任。毒品危害人民健康,滋生犯罪和腐败,破坏可持续发展,危及国家安全和世界和平。因此,对一切毒品违法犯罪活动必须严加禁绝。
中国人民对毒品危害有切肤之痛,禁毒是中国人民的根本利益所在。保障公民的生命安全,维护人民的生存发展,是中国政府的崇高责任。多年来,中国政府以“禁绝毒品”为根本目标,制定并实施了一系列严厉禁毒的方针、政策和措施。
――把禁毒作为事关中华民族兴衰存亡的大事来抓。将禁毒作为一项基本政策纳入国民经济和社会发展规划,并规定为各级政府的一项重要职责,逐级建立了适合中国国情的禁毒工作责任制,保障禁毒工作常抓不懈。
――实行综合治理的禁毒战略。把禁毒作为一项复杂的社会系统工程和长期的战略任务,综合运用法律、行政、经济、文化、教育和医疗等多种手段,动员和组织全社会力量参与禁毒斗争。
――坚持依法禁毒。按照依法治国的方略,不断建立健全禁毒法律法规体系,依法管理管制麻醉药品、精神药品和易制毒化学品,防范、惩治毒品犯罪,坚决打击各类毒品违法犯罪活动,开展戒毒治疗和康复工作,矫治挽救吸毒人员,确保禁毒工作在法制轨道上进行。
――确定“‘四禁'并举、堵源截流、严格执法、标本兼治”的工作方针。坚持禁吸、禁贩、禁种、禁制,控制非法供应和防止滥用并重,禁止和打击一切从事毒品违法犯罪活动。
――把预防青少年吸毒作为禁毒工作的基础工程。对青少年立足于教育和保护,采取各种有力措施,组织、协调政府有关部门和各种社会组织做好预防工作,教育青少年珍爱生命,拒绝毒品。
――积极参与和推动国际禁毒合作。中国政府支持开展国际禁毒合作,并在国际禁毒领域认真履行三项主张:坚持广泛参与、责任共担的原则;全面实施综合、均衡的国际禁毒战略;高度重视替代发展,促进从根本上解决毒品问题。
在中国,禁毒工作由各级政府领导,公安禁毒部门主管,政府有关职能部门齐抓共管,社会团体共同参与。1990年,中国政府成立由公安部、卫生部和海关总署等25个部门组成的国家禁毒委员会,统一领导全国的禁毒工作,负责禁毒国际合作,办事机构设在公安部。1998年,国务院批准公安部成立禁毒局,该局同时又作为国家禁毒委员会的办事机构。目前,全国31个省、自治区、直辖市和大多数县(市、区)政府都建立了相应的禁毒领导机构,有24个省、自治区、直辖市及其所辖的204个地(市、州)、735个县(市、区)的公安机关组建了缉毒警察队伍。中国人民武装警察部队、公安边防、司法、海关、药品监督管理、工商行政管理等部门,也承担相应的禁毒执法任务。中国各级政府把禁毒所需经费纳入财政预算,并随着国民经济的发展和禁毒形势的需要,逐年增加投入。1998年,国务院批准成立中国禁毒基金会,广泛吸纳社会资金,支持禁毒工作。
II. Constantly Strengthening Drug Control Legislation
China attaches great importance to the building of the legal system in drug control and persists in drug control according to law. In view of the drug rampancy over the past 20-odd years, China has speeded up legislation in drug control, and has formulated and promulgated a whole array of laws and regulations, thanks to which, great progress has been made in legal system building in this field.
Criminal legislation for drug control has improved step by step. On July 1, 1979, the Criminal Law of the PRC was adopted at the Second Session of the Fifth National People's Congress (NPC), which specified the crimes of manufacturing, trafficking and transporting drugs, and the relevant punishments. In the 1980s, the NPC Standing Committee issued, successively, the Customs Law of the PRC, the Regulations of the PRC on Administrative Penalties for Public Security, the Resolution on Severely Punishing Criminals Who Have Seriously Sabotaged the Economy, the Supplementary Regulations on Punishing Smuggling, and other laws, which formulated further regulations on punishing drug-related crimes and raised the highest legal punishment for serious drug-related crimes to the death penalty. On December 18, 1990, the 17th meeting of the Standing Committee of the Seventh NPC adopted the Decision on Drug Control, which included comprehensive regulations on the types of drug-related crimes and penalties, the punishments for drug addicts and compulsory drug addiction rehabilitation, and clearly specified China's universal jurisdiction over the crimes of smuggling, trafficking, transporting and manufacturing drugs.
On March 14, 1997, at the Fifth Session of the Eighth NPC, the Criminal Law of the PRC was revised. On the basis of absorbing and retaining the main contents of the Decision on Drug Control, the revised Criminal Law made important amendments and supplements to the legal regulations on drug-connected crimes, thus further improving China's criminal legislation in this regard. The Supreme People's Court and the Supreme People's Procuratorate made relevant judicial interpretations of the revised Criminal Law.
Severely punishing drug-connected crimes is one of the outstanding characteristics of China's criminal legislation for drug control. The revised Criminal Law fully embodies this principle. First, the law comprehensively specifies the types of drug-related crimes, guaranteeing that various drug-related criminal offenses are punished by law. The law specifies 12 crimes, which cover the smuggling, trafficking, transporting and manufacturing of drugs, the illegal holding of drugs, the harboring, transferring and concealing of drugs and illicit drug-related money, the smuggling of materials for manufacturing drugs, the illegal trading in such materials, the illegal cultivation of mother plants of narcotic drugs, the illegal trading, transporting, hand-carrying and holding of seeds and seedlings of such plants, and the illegal provision of narcotics and psychotropic substances, as well as the criminal punishments for these crimes. In addition, the penalties for the laundering of drug-related money are stipulated. Second, the law specifies that the criminal responsibility of a person for smuggling, trafficking, transporting or manufacturing narcotic drugs, regardless of their quantity, be legally pursued and punished. The quantity of drugs shall be calculated according to the verified amount of the drugs smuggled, trafficked, transported, manufactured or illegally held, and not in terms of purity. Third, economic sanctions are applied against drug-related crimes. The law specifies that property shall be confiscated or a fine imposed for drug-related crimes, aiming at depriving drug criminals of their illegal income and destroying their economic ability to commit drug-related crimes again. Fourth, those who make use of or instigate minors to smuggle, sell, transport or manufacture drugs, sell drugs to minors, or lure, instigate, deceive or force them into taking or injecting drugs, and those who have again committed drug-related crimes after having already been convicted of the crime of smuggling, selling, transporting, manufacturing or illegally holding drugs shall be punished with severity. Fifth, criminals who smuggle, sell, transport or manufacture large amounts of drugs shall be sentenced to death. The fact that China legislatively punishes drug-connected crimes with severity is required by the reality of the anti-drug struggle, and shows China's stand for strict drug control.
Strict administration to prevent the abuse of narcotics and psychotropic substances is a very important content of the building of China's anti-drug legal system. Hence China has promulgated more than 30 relevant laws, statutes and regulations. In September 1984, the seventh meeting of the Standing Committee of the Sixth NPC adopted the Law of the PRC on the Management of Medicines and Chemical Reagents. Article 39 of the Law specifies: The state adopts special procedures for the administration of narcotics and psychotropic substances. In 1987 and 1988, the State Council promulgated the Procedures for Narcotic Drug Control, and the Procedures for Psychotropic Substances Control, which specify clearly the administration of the production, supply, transportation, use, import and export of narcotics and psychotropic substances. In 1995, the State Council promulgated the Procedures for Compulsory Drug Addiction Rehabilitation, and the Ministry of Health issued the Procedures for the Administration of Pharmaceuticals for Drug Addiction Treatment. Hence the work in this regard has laws to follow.
To prevent precursor chemicals diverting into illegal channels, and crack down on relevant illegal or criminal activities, Chinese legislative bodies and the Chinese government have also issued a series of laws and regulations for the strict control of such chemicals. The Criminal Law of the PRC, the Customs Law of the PRC, and the Decision on Drug Control made by the NPC Standing Committee include stern penalties for the criminal offenses of illegally trading and smuggling precursor chemicals, ephedrine and other raw materials and ingredients intended to be processed into drugs.
In addition, the legislative organs of Yunnan, Guizhou, Sichuan, Guangdong, Gansu, Shaanxi, Heilongjiang and Jiangsu provinces, and the Guangxi Zhuang and Ningxia Hui autonomous regions have worked out local drug control statutes in accordance with local conditions.
At present, China has formed a preliminary anti-drug legal system with criminal laws as the mainstay, and administrative and local statutes as supplements, thus providing powerful legal weapons for the anti-drug struggle.
 二、不断加强禁毒立法
中国高度重视禁毒法制建设,坚持依法禁毒。近二十多年来,针对不断蔓延的毒品问题,中国加快禁毒立法的步伐,制定颁布了一系列法律、法规,禁毒法制建设取得重大进展。
禁毒刑事立法逐步完善。1979年7月1日,第五届全国人民代表大会第二次会议制定的《中华人民共和国刑法》,专门规定了制造、贩卖、运输毒品罪及其刑罚。八十年代,全国人民代表大会常务委员会陆续颁布《中华人民共和国海关法》、《中华人民共和国治安管理处罚条例》、《关于严惩严重破坏经济的罪犯的决定》、《关于惩治走私罪的补充规定》等法律,进一步对惩治毒品违法犯罪作出规定,并将严重毒品犯罪的法定最高刑提高到死刑。1990年12月18日,第七届全国人民代表大会常务委员会第十七次会议通过的《关于禁毒的决定》,对毒品犯罪的种类及其刑罚,对吸毒者的处罚和强制戒毒等,作了全面规定,并明确规定了中国对走私、贩卖、运输、制造毒品犯罪的普遍管辖权。
1997年3月14日,第八届全国人民代表大会第五次会议对《中华人民共和国刑法》进行了修订,在吸收、保留《关于禁毒的决定》主要内容的基础上,对毒品犯罪的法律规定作了重要修改和补充,使中国的禁毒刑事立法进一步得到加强。最高人民法院、最高人民检察院对修订后的刑法作出了相关司法解释。
从严惩处毒品犯罪,是中国禁毒刑事立法的显著特点之一。修订后的《中华人民共和国刑法》充分体现了这一原则。其一,对毒品犯罪种类规定齐全,确保各种毒品犯罪行为受到法律制裁。该法规定了走私、贩卖、运输、制造毒品罪,非法持有毒品罪,窝藏、转移、隐瞒毒品、毒赃罪,走私制毒物品罪,非法买卖制毒物品罪,非法种植毒品原植物罪,非法买卖、运输、携带、持有毒品原植物种子、幼苗罪,非法提供麻醉药品、精神药品罪等12个罪名及刑罚,并对毒品洗钱犯罪行为作出处罚规定。其二,对走私、贩卖、运输、制造毒品,无论数量多少,都规定要追究刑事责任,予以刑事处罚。毒品的数量以查证属实的走私、贩卖、运输、制造、非法持有毒品的数量计算,不以纯度折算。其三,对毒品犯罪从经济上予以制裁。对毒品犯罪,规定了并处没收财产或罚金,旨在剥夺毒品罪犯的非法收益,摧毁其再次实施毒品犯罪的经济能力。其四,对利用、教唆未成年人走私、贩卖、运输、制造毒品,或者向未成年人出售毒品的,引诱、教唆、欺骗或者强迫未成年人吸食、注射毒品的,因走私、贩卖、运输、制造、非法持有毒品罪被判过刑又有毒品罪行为的,从重处罚。其五,对走私、贩卖、运输、制造毒品等严重的毒品罪犯处以死刑。中国在立法上对毒品犯罪从严惩处,是现实禁毒斗争的需要,表明了中国严厉禁毒的立场。
严格管理、禁止滥用麻醉药品和精神药品,是中国禁毒法制建设一项十分重要的内容。中国为此颁布的法律、法规和规章多达30余项。1984年9月,第六届全国人民代表大会常务委员会第七次会议通过《中华人民共和国药品管理法》,其中第三十九条规定:国家对麻醉药品、精神药品实行特殊的管理办法。1987年和1988年,国务院先后发布《麻醉药品管理办法》和《精神药品管理办法》,分别对麻醉药品和精神药品的生产、供应、运输、使用、进出口的管理作出了明确规定。1995年,国务院发布《强制戒毒办法》,卫生部发布《戒毒药品管理办法》,使戒毒工作有法可依。
为了防止易制毒化学品流入非法渠道,打击有关违法犯罪活动,中国立法机构和政府还发布了一系列严格管制易制毒化学品的法规和规章。《中华人民共和国刑法》、《中华人民共和国海关法》和全国人民代表大会常务委员会《关于禁毒的决定》,都对非法买卖、走私易制毒化学品和麻黄素等用于制造毒品的原料和配剂的犯罪行为,规定了严厉的处罚条款。
此外,云南、贵州、四川、广东、广西、甘肃、陕西、黑龙江、宁夏、江苏等省、自治区的地方立法机构,也从实际出发,制定了地方性禁毒法规。
目前,中国已初步形成了以刑事法律为主、行政法规和地方性法规相配套的禁毒法律体系,为开展禁毒斗争提供了有力的法律武器。
III. Cracking Down on Drug-related Crimes
China's anti-drug law enforcement organs enforce the laws strictly and are waging a fierce battle against all drug-related criminal activities, administering merciless punishment to those involved in such activities.
In China, drugs mainly come from other countries, and the Chinese government has done its best to ban transit drug trafficking. In the 1980s, the government organized public security, armed police and customs organs, and the civilian joint defense teams to coordinate the fight against drug trafficking, mainly in the southwest border areas and southeast coastal areas. It mobilized a large number of people, a great quantity of materials and a large amount of money. Three "lines of defense"were set up to keep drugs from flowing in: The first line was the borderland, where exit and entry were subject to strict examination; the second line was composed of checkpoints in inland regions; and the third line consisted of checks on vital lines of communication, airports, railway stations and harbors. In the 1990s, the work of banning transit drug trafficking was further intensified and attention was paid to "eradicating sources of drugs and obstructing their channels of trafficking." Checking was publicly done on key lines of communication, and at airports, railway stations, sea ports and harbors, so that a situation was created in which defense was organized in a unified way and actions were coordinated with due divisions of labor and incoming drug dealers were subject to encirclement, pursuit, obstruction and interception. The functions of relevant organs such as the public security, customs, forestry, posts and telecommunications, railway, civil aviation and other transport departments have been brought into full play, culminating in a signal victory in the battle against drugs. Since 1982, more than 70,000 transit drug trafficking cases have been cleared up in Yunnan Province alone, and more than 80 tons of heroin and opium from the "Golden Triangle"area have been confiscated. In May 1994, police in Yunnan Province cracked an extraordinarily serious transnational drug smuggling case, in which the "Golden Triangle"drug ring kingpin was sentenced by the judicial organ to capital punishment according to law. For many years China's law enforcement organs have consistently adopted a highhanded policy in dealing with drug-related criminal activities and struck heavy blows at the overweening arrogance of the drug-related culprits both at home and abroad.
......
 三、坚决惩治毒品犯罪
中国禁毒执法机关严格执法,对一切毒品犯罪活动严厉打击,对一切毒品犯罪分子严惩不贷。
针对毒品主要来自境外的情况,中国尽最大努力,严格查禁过境贩毒。八十年代,以西南边境及东南沿海等地区为重点,投入大量人力、物力、财力,组织公安机关、武警部队、海关和群众联防队协同作战,建立了边境一线堵、内地二线查和交通要道、机场、车站、码头三线截的“三道防线”。九十年代,进一步加大查禁过境贩毒的工作力度,“堵源截流”,在各地主要交通线及机场、车站、海港、码头公开查禁毒品,形成了统一布防、分工协作,对入境毒品围追堵截的态势。全国公安、海关、铁路、交通、民航、林业、邮电等有关部门,充分发挥各自职能,缉毒成效显著。1982年以来,仅云南省就查获过境贩毒案件7万多起,缴获从“金三角”流入的海洛因和鸦片80多吨。1994年5月,云南省警方成功破获特大跨国贩毒案,抓获“金三角”大毒枭,司法机关依法处以极刑。多年来,中国执法机关始终保持对毒品犯罪活动的高压态势,沉重打击了境内外毒品犯罪分子的嚣张气焰。
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