Abstract:
In order to accurately evaluate the social hazards of hindering the drug administration order, to correct the long-standing improper application of administrative penalties instead of criminal law, and to improve the criminal law protection of drug safety, the
Amendment to Criminal Law (XI) has added the crime of hindering the drug administration. The new-added legal regulations adheres to the legislative concept of considering the modest and restrained principle combined with the principle of compatibility of crime, responsibility and punishment. Besides, it reflects the legislative characteristics of the cohesion between execution and punishment, and meets the objective needs of social development in the new era. Thus, it is justified by criminal law and legal principle. The judicial application of this crime has shaped a new pattern of the criminal code and
Pharmaceutical Administration Law to jointly regulate acts of hindering the drug administration order. In addition, it is reasonable to make a targeted and precise evaluation of acts of hindering the drug administration order according to the difference of the type and degree of infringement of legal interests.