Analysis Of Some Issues Of The Drug Trafficking Crime

It is significant to make a research on the drug crime for it has serious social harm. In the judicial practices, smuggling, trafficking, transporting and manufacturing of drugs are the most common drug-related crimes, and among them, the drug trafficking crime has taken place most frequently and widely. The drugs are produced and trafficked in order to obtain high profits, while the junkies purchase and take drugs to satisfy themselves. Thus the key step between the production and consumption of drugs is trafficking, which naturally becomes the crime with mostly direct social harm. It makes the drug in circulation and eventually obtained by drug users. Meanwhile it will not only greatly stimulate the repeated cycles of various drug offenses, but also it easily induces other crimes such as robbery, theft, so today the world considers the drug trafficking as a priority target to be punished. However, there are still many problems in the practice and legislation.In this paper, combined with judicial cases, some issues on the drug trafficking crime are deeply analyzed. Some opinions are raised, hoping that there may be references for the criminal legislation and practice. This paper is divided into four parts: the subjective elements of the drug trafficking crime; special conditions in the drug trafficking crime; formation in the crime and the penalty application.The first part is the subjective elements of the drug trafficking crime. Intent content of drug trafficking crime is firstly discussed. One of the subjective elements of the crime is the actual intent, that is, to purchase or sell the drugs with knowing that it is illegal sale of drugs. "Knowing" includes "constructive knowledge."Secondly, whether the crime needs the purpose of making profits as the subjective elements is discussed.The second part is the particular types of acts in the drug trafficking crime. Firstly the paper analyzes whether the purpose of the profits shall be requested in the drug trafficking crime by the middleman and how to identify the amount of the drug trafficking crime committed by the middleman. The identification of the middleman's act should be determined based on the subjective purpose, attitude, behavior and the consequences of objective performance. The middleman should be responsible for the amount of the drug sale assisted by them. Secondly it is the identification about the act of drug sale for other ones. The agent shall have the actual intent of the drug sale. Finally it is about the detection temptation acts. Someone who is enticed to form mens rea and purchases the drugs may still be considered as a drug criminal, but giving appropriate consideration on the penalty. There is another condition when the buyer may originally want a small number and is enticed by detectives to purchase more drugs than that he originally intends, and the amount may be so great that the buyer may be sentenced to death by law. Under this condition the penalty of buyer may be reduced comparing with that of the crime enticed by detectives.The third part is concerned about the formation of the crime of drug trafficking. Firstly it describes accomplished and unaccomplished offenses. The paper insists that the accomplished standard is "into the trading process"and it is not important to decide whether to collect money or obtain other illegal interests. Then it describes several cases of unaccomplished, terminated and preparatory offenses. Secondly it is bout the accomplice in drug trafficking crime. The distinctions between the principal criminal and the accessory criminal shall be based on form of the mens rea, each function in the collaboration, investment, the actual amount of share of the sale and their relationship. The penalty shall not only dependent on the amount of drug sale and it would better implement different penalties among these two kinds of criminals. Someone who is employed to do drug trafficking should be accomplice in the crime.The fourth part is the penalty for the crime of drug trafficking. Firstly it is the relationship between the quantity of drugs and relevant sentencing. The cumulative number of different types of drugs can be converted into the number of the same kind of drug. It can be used as the final standard if a bigger number is converted and also prescribed by statutory legal interpretation; when determining the number of new drugs, focus on the quantity of ingredients mixed by two or more drugs. When identifying the number of loss drugs it shall be depend. Secondly the paper discusses the purity of drugs and the penalty. Without the consideration of the purity of drag, the penalty would be contrary to the principle of crime corresponding punishment.