Research On Some Problems In Connection With The Crime Of Trafficking In And Transporting Drugs

The crime of trafficking in and transporting drugs is a kind of frequently exposed drug offense of greater involvement among the current criminal acts, and also one of the major crimes to be cracked down on in the judicial practice of suppressing the drug and traffickers nowadays in China. The Criminal Law, as amended in 1997, has listed it into the legal provision for the crime of smuggling or manufacturing drugs, where the severe statutory sentence has been prescribed to the same effect, and as a result, the legislative evidence has been furnished for suppression of smuggling, trafficking in, transporting and manufacturing drugs. However, the judicial practice still meets with some problems regarding the infliction of a punishment on the crime of trafficking in and transporting drugs and the stop of harms thus caused on the society due to the influx of drugs from productive field into consuming field. For an instance, some cognitive disputes related to the determination of trafficking in and transporting drugs and their criminal patterns and complicity still exist among the theoretical circles of criminal law and also in the judicial practice. The writer would like to make a study of relevant problems concerning the crime of trafficking in and transporting drugs in this Master's thesis, all just in an attempt to seek a common understanding about the necessity for further intensive research on the said crime and to supply for reference use in the judicial practice only.This thesis contains the three parts respectively for a general determination of crime of trafficking in and transporting drugs, determination of criminal patterns and complicity of trafficking in and transporting drugs, with thirty thousand Chinese characters in all.In Part 1 A General Determination of Trafficking in and Transporting Drugs, the writer has analyzed, first of all, the standard for determination of trafficking in and transporting drugs, where the implications and characteristics of trafficking in and transporting drugs have been described, and the specific forms of trafficking in and transporting drugs have been discussed only with reference to the judicial practice, thus providing some theoretical evidence for distinction between the crime of trafficking in and transporting drugs in the judicial practice. Then, an analysis has been made into criminal patterns of trafficking in and transporting drugs, where the crime of trafficking in and transporting drugs is defined as the acting party's full awareness of object of act in a subjective sense, and a further analysis has been made into the implications, presumption and presumptive standard for such awareness, indicating that the crime of trafficking in and transporting drugs is just a subjective intent. Moreover, the writer has made an analysis into the determination of nature of concurrent acts in the process of trafficking in and transporting drugs, and the subsequent standard for such a determination is put forward therein. In Part 2 Determination of Criminal Patterns of Trafficking in and Transporting Drugs, the writer has expressly defined the standard for distinction between accomplished and unaccomplished crime of trafficking in and transporting drugs subject to the principle of law, and for which, the writer has outlined expressly the specific forms of accomplished or unaccomplished crime of trafficking in and transporting drugs. Then, the writer has made an analysis into the characteristics and forms of preparation for a crime of trafficking in and transporting drugs. Besides, the writer has affirmed in the principle of law the discontinuance of criminal patterns of trafficking in and transporting drugs, and has made an analysis into its characteristics and forms.In Part 3 Determination of Complicity of Trafficking in and Transporting Drugs, the writer has, first of all, attached much importance to the analysis into the subjective and objective characteristics of complicity of trafficking in and transporting drugs, and also approached the conditions not constit...