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制造毒品罪是我国刑法明确规定与走私、贩卖、运输毒品罪相并列的具有严重社会危害性的行为。对于作为该罪客观方面核心内容的制造的内涵及外延,学术界进行过激烈的讨论,实务界在具体适用中也存在诸多疑问。但随着社会的发展,人们对新出现的一些关涉“制造”的情形产生了更多分歧。本文结合一个采用物理方法提纯假毒品行为的案例应如何适用法律提出了相应见解,并认为,只有适应毒品犯罪复杂多变的发展态势,结合毒品犯罪所侵害的客体是社会有机体的健康和妨害社会管理秩序,最高人民法院应正式制定并颁布相应的司法解释,对制造毒品行为的规定加以修改并完善。
The crime of manufacturing drugs is a serious social hazard that is clearly set forth in the criminal law of our country in parallel with the crime of smuggling, selling and transporting drugs. The academia has conducted heated discussions on the connotation and denotation of manufacturing that is the core content of the objective aspects of crime. There are also many questions in the practical application of the practice circles. However, with the development of society, people have more disagreements with the emerging situation related to “manufacturing.” In this paper, we put forward a corresponding opinion on how to apply the law to the case of a physical method of purifying counterfeit drugs. We think that only by adapting to the complex and ever-changing situation of drug-related crime, combining the object infringed by drug-related crimes with the health of the organism and prejudice the society In order to manage the order, the Supreme People’s Court shall formally formulate and promulgate corresponding judicial interpretations, and amend and perfect the provisions on the manufacture of narcotic drugs.