Research On The Crime Of Drug Trafficking

This paper is divided into seven chapters:The first chapter is an overview of Drug Trafficking. First discusses the concept, characteristics and classification of drugs. The main features of the drug lies on three aspects:addiction, harmfulness and illegality. Drugs are usually divided into two major categories. Then we discussed the concept of drug-related crimes. From the perspective of historical development, China’s drug crimes legislation has a process of progressive development.The second chapter is the Location of Drug Trafficking. Although the Drug Trafficking is a crime of statutory offenses of the Criminal Law, theorists have always been controversial. Some scholars think that Drug Trafficking should be abolished from China’s criminal law, but some scholars think that Section 347 of the Criminal Law of the transport of drugs crime and trafficking, manufacturing, smuggling and drug crimes is unreasonable, Drug Trafficking should be provided separately. The author believes that the transport of drugs crime in the Criminal Code is important and should be preserved. We should adopt a gradual approach, first of all, the highest judicial rules to guide the courts right transport drugs, and then issued judicial interpretation to consider the Drug Trafficking, until they were ready when decide whether to modify the Drug Trafficking legislation.The third chapter is the behavior of Drug Trafficking. Scholars have expressed the concept of the behavior of transport of drugs in dispute. The author believes that the behavior of Drug Trafficking should occur in the same legal area; The behavior of Drug Trafficking should be based on the movement of drugs as a condition of space; Drugs owners can become the subject of Drug Trafficking. Depending on the classification, the behavior of Drug Trafficking can be manifested in various ways. Finally, the author explore the relationship between behavior of Drug Trafficking and illegal possession of narcotics, smuggling drugs and transfer of drugs.ChapterⅣis the subjective intent of Drug Trafficking. there are many controversies in theorists and practitioners on this issue. Understanding of drug offenses from the transportation factor, there are mainly two different views. From the will of the crime factor of Drug Trafficking, it can be indirect intention, intentionally includes two forms of indirect. Subjective purpose of the crime constitutes a necessary condition for the Drug Trafficking; there is also some influence for criminal motivation penalties for the crime on Drug Trafficking. The author believes that it is necessary for the application of subjective knowledge that the presumption in Drug Trafficking. The error of Drug Trafficking can be divided into knowledge of the legal awareness of errors and knowledge of the fact awareness of errors.The fifth chapter is unfinished Drug Trafficking patterns. The author believes that Preparation for the Drug Trafficking should be explained from the following aspects:The perpetrator has been implemented to transport drugs preparatory acts; acts have not yet started to transport drugs act; The perpetrator does not enter the implementation stage as for reasons other than the will. For the general case of Drug Trafficking, it should be completion of a crime until the drug reached the destination, but if the transport behavior is a serious danger to the society, it should be completed ahead of schedule to start the transport or delivery phase. The suspension of the transport of forms of Drug Trafficking can be followed in three phases:preparation phase of the suspension of crime; the implementation phase of the criminal offense suspension; transport activity is completed, but the drugs do not enter into the community. For the original use of drugs to control delivery of the Drug Trafficking cases, it is unreasonable for accomplished to identify crime, it should be used as a general standard to criminal attempt, criminal Accomplished as a special case to the standard.Chapter VI is the crime of complicity in Drug Trafficking. there are several issues of concern in Drug Trafficking:the lack of common purpose, while not guilty of common crimes to transport drugs; lured others to act in the transport of drugs does not hold joint crime; subjective and inconsistent behavior were deliberately not established between the common crime; no complicity may be established between the upper and offline joint criminal. In crime of Drug Trafficking, the culprits include the following types:first, the first criminal groups transport drug molecules; secondly, criminal gangs in general the principal transport. Thirdly, it is a special principal offender in the transport of drugs.ChapterⅦis the penalties for Drug Trafficking. There are different category for Drug Trafficking and the characteristics of legal punishment. There are controversy with current theorists on transportation should apply the death penalty for drug offenses and the standards applicable to all existing death penalty, including the abolition of death penalty and the restrictions of application of the death penalty:The author believes that the death penalty for Drug Trafficking is necessary. We should take a few standards for death penalty to crime on Drug Trafficking.