Editor notes:

Li Shaoping, vice-president of the Supreme People's Court, in an interview given just before June 26, the International Day against Drug Abuse and Illicit Trafficking, described the situation of drug crimes nationwide since 2015, courts' contribution to the fight against such crimes and the next steps planned in that struggle.

Number of drug cases decreases, but fight against drug crimes remain challenging

Joint crackdowns on drug crimes have effectively curbed its development. A record number of drug cases were heard by courts nationwide in 2015, with 139,000 cases concluded in the first instance, but that number dropped 38.27 percent to 85,800 in 2019.

However, the situation of drug crime crackdown is still complicated. First, the flow of foreign drugs from areas such as the "golden triangle" - a triangle-shaped areas on borders of Thailand, Myanmar and Laos, the "golden crescent" – an area on borders of Afghanistan, Pakistan and Iran – and South America into China has increased, resulting in a surge in illegal drug trafficking in border and coastal areas including Yuannan, Guangdong and Guangxi provinc. The golden triangle and golden crescent are two main production bases of opium and heroin in the world.

Second, the domestic crimes of manufacturing synthetic drugs such as methamphetamine and ketamine are more prominent, and have spread to most of China's provinces from Guangdong and Southwest China’s Sichuan province where drug-making cases were previously more often seen. Consequently, more drug-making substances are flowing into illegal channels.

Third, drug types are diversified, and crimes involving new psychoactive substances have increased. Methamphetamine (including ice and tablets) and heroin still dominate. At the same time, new types of drug crimes are on the rise involving such substances as ketamine, mecarcinone, and tramadol. Crimes of manufacturing and selling new psychoactive substances such as synthetic cannabinoids have emerged in some places. Three generations of drugs now coexist.

Fourth, criminal methods have been supported by smart and high-techs. They include using QQ, WeChat and online forum platforms for contacts, transactions and trafficking drugs with delivery, which keeps the crimes more covert and hard to crackdown on.

Fifth, drug crimes are always interwoven with prostitution, gambling, theft, robbing and gangsterism, triggering many vicious crimes and threatening people's lives, assets and social stability.

Therefore, drug-related trials continues to be a major part of courts' criminal trial work.

Courts continue harsh punishment for drug crimes

In recent years, courts nationwide have levied heavy penalties against drug crimes and provided strong judicial support for the fight against them.

The annual average felony rate of drug-related crimes from 2015 to 2019 was 22.37 percent, a higher annual rate than that of other criminal cases during tthat period. Upon sufficient evidence, drug offenders who had maliciously committed extremely serious crimes were sentenced to death in accordance with the law.

The courts are severely cracking down on large-scale drugs manufacturing or production, bulk smuggling, trafficking, and transportation and trading of drugs. They are also focusing on production, trade and transportation of drug-making substances and serious related crimes committed by drug users.

At the same time, defendants who have committed lighter crimes or are under prescribed circumstances are given lenient punishment in accordance with the law.

Formulate judicial documents and complete a system of anti-drug judicial rules

The Supreme People's Court has carried out investigations and surveys to formulate judicial interpretations, meeting notes and other regulatory documents on drug case trials, leading to the formation of a complete judicial regulatory system on the issue.

In 2015, the SPC released Minutes of the National Courts Symposium on Trial of Drug Related Crimes which lists specific requirements for nationwide courts' work and standardizes the the application of law in seven outstanding aspects including conviction, joint crimes conviction, calculation of the quantity of drugs, and application of penalties.

The SPC, the Supreme People’s Procuratorate and the Ministry of Public Security jointly formulated the Provisions on Several Issues concerning the Procedures for the Extracting, Impoundment, Weighing, Sampling, and Submittal for Inspection of Drugs in the Handling of Drug-Related Cases, which marks a big achievement of the three departments in regulating and improving evidence quality in drug-related court proceedings.

Carefully implement work from the China National Narcotics Control Committee

As a member of the China National Narcotics Control Committee the SPC seriously implemented the various work arrangements of the commission, and courts nationwide as members of local branches of the committee also contributed to the anti-drug work.

It actively participated in special work including anti-narcotics investigation and intelligence, control of precursor chemicals and drug-related anti-money laundering, conducted supervisory inspection, special surveys, theoretical research and improved communication and coordination mechanisms.

Make comprehensive and coordinated efforts to combat drugs

Besides trying drug crime cases, courts also have contributed to comprehensive and coordinated efforts to combat drug usage, as even heavy penalties are still limited to drug crimes and the need to reduce the demand for drugs of a large number of addicts is more and more urged.

From 2015 to 2019, the SPC issued a total 43 typical cases of drug-related crimes in five groups with 10 more typical cases to be released during this year’s International Day against Drug Abuse and Illicit Trafficking, which illustrate courts’ harsh penalties for drug crimes and the features of the crimes in recent years.

The SPC coordinated with local courts in Yunnan and Guangdong provinces and other places to carry out anti-drug publicity, and courts in regions with frequent drug crimes established and improved mechanisms for anti-drug publicity.

Courts also proposed judicial suggestions to help relevant departments strengthen source governance and regular management and control in response to potential dangers and social management loopholes found in drug crime trials, improving the anti-drug prevention and control system.

Courts nationwide to make new progress in anti-drug work

Faced with a complicated situation in their fight against drug crimes, courts nationwide still have weak spots. To fix the loopholes, courts in the next stage should:

First, strictly implement anti-drug work mechanisms and coordinate all related work centered on drug crime trials.

Second, uphold the guideline of harshly punishing drug crimes according to the law.

Third, continue to carry out investigations, surveys and guidelines, and advance criminal legislation on drug control.

Fourth, continue to take full advantage of courts’ trial resources, combine special and regular publicity modes, and constantly innovate the forms of publicity to cultivate a society that can keep all of the people away from drugs.