Study On The Application Of Law To Transport-related Crime

In recent years,with the development of modern society and social science,the traffic has become more convenient.At the sanme time,the way of commiting transport-related crime has also been broderen.transport-related crime has aroused wide intention.some initial studies has been on this kind of crime,However,the oretical circle has little study foe system of this offence so that judicial practice has no identical operation. This paper diseusses some basic theories concerning the ransport-related crime and some difficulties in judicial determination.In detail, the paper is divided into four Chapters:Chapterâ… "Raising the questions",which lead up the topic with a case of drug violation.In this chapter,the author point out the difficult situation of judicial determination in financial crimes,firearms and ammunition crimes etc.Chapter II"general introduction of the transport-related crime",which defines the conception.It is the transport-related crime that violats the penal code,commits illegal transportation of contraband goods in order accelerate them into the field of circulation.Chapter III"the difficulties in subjective and objective determination of the transport-related crime".The objective determination includs the superficial standpoint and the substantial one.In order to make correct definition of transport-related crime between other similar crimes,we need to correctly defines the notion of"transport","hold","transfer","smuggle","ship","carry"and so on.The subjective determination includs cognition elements of the transport-related crime which not only to the contraband goods but also to the determination of the direction.The offenders usually try to escape responsibility on the pretext of lacking of cognition to the quality,the source and the direction of the contraband goods.Chapter IV"special shapes of the transport-related crime",which discuss the special shapes of the transport-related crime separately into opt-charge and differen-charge.We should put our eyes on the peculiarity of conduct and the formulate of opt-item to handle the Joint Crime problems in transport-related crime.As an instant crime,we need to distinguish preparation and implementation of behavior.We also need to comprehend the abortion from the angle of instant crime. the abortion of the transport-related crime still exists in conditions of object-failed. Abortion in Joint Crime should be comprehended from different angles sunch as joint implementation,instigation and so on.