On The Crime Of Transporting Drugs

Currently, the crime of transporting drugs is a form of crimina] offence, which happens frequently, involves a wide range of knowledge and causes harmful results. In the public security department of the railway where I am working now, the crime of transporting drugs has ranked second after larceny in the forms of criminal offence, which has been one of key attack crimes. Although, the new criminal law, passed by the NPC in 14 March 1997, has clearly stipulated the determination and punishment of the crime, I think there still exist many questions in the judicial practice, which are worth discussing. In line with the model original intention and the good desire of providing some reference in the work of attacking the crime of transporting drugs, for the Judicial department, especially for myself unit of work, I selected the crime of transporting drugs as the title of my Master degree graduation thesis on the job in hope providing some reference of in the work of attacking the crime of transporting drugs for the Judicial department.The present thesis divides into four constituents: the crime constitution, the crime shape, the related legal matter, the legislationand the judicature suggests. Full text contains approximately 31, 000 characters altogether.The first part is the constitution of the crime of transporting drugs. In this part, I made a detailed analysis of the character of the object, objective respect, subject and subjective respect of the crime and made special analysis of the limits and the classification between the direct object, crime target and transportation behavior. Especially, I also analyzed such problems as minor crime and unit crime as well as how to recognize "knew perfectly well" and "mistake the object". The second part is the shape of the crime of transporting drugs. In this part, I firstly elaborated three viewpoints of the current theorists on the recognizing the accomplished offence of the crime of transporting the drugs, and proposed own viewpoint in this foundation. Also, proposed individual view in the foundation of judicature practice on how to recognize "commencement of transporting", and made the detailed elaboration on how to discriminate the crime of transporting drugs and illegal possession of drugs.The third part is the related legal matter of the crime of transporting drugs. In this part, I analyzed the questions existed in common crime, the plot punished severely, quantity of the drugs, quality of the drugs and so on four aspects from the legal rule and the judicial practice angle, and proposed individual viewpoint.The fourth part is the legislation and judicial suggestion of the crime of transporting drugs. In this part, I proposed individual suggestion, including: isolating the crime of transporting drugs from the selective charge, the reach 14 full years old of not reach 16 year-old minors have to undertake the legal responsibility, improving property punishment, creating standard formulation between the different type drugs, strengthening the qualitative and quantitative analysis, and so on.In the writing process of this thesis, I received the devoted instruction from the Professor You Wei. In this, I want to express the heartfelt gratitude to Professor You Wei, at the same time also thanked teachers and friends in the East China institute of political science and law to give the help and the instruction!...