The Judicial Exploration Into Selling And Transporting Drug Offenses

The research paper which is divided into 3 chapters, explores the determination principles, accomplished and unaccomplished patterns, rendering meritorious service concerning selling and transporting drug offenses.In the first chapter, the author claims to adopt the presumption principle based on finding out the basic facts, and makes a general introduction to the comprehension and determination standard concerning the knowledge. At the same time, the author analyses a lot of cases, and summarizes concrete situations in which the suspects can be presumed to be deliberate in the subjective elements in drug offenses. For the determination concerning doubtable facts of selling and transporting drugs, the author claims to adopt the principle of"advantageous to the accused in doubt about the facts", analyses the situations in which the doubtable facts of selling and transporting drugs are not affirmed or affirmed lightly, and points out two exceptional situations of"advantageous to the accused in doubt about the facts"principle.The second chapter is concerned about the determination of the accomplished and unaccomplished patterns of selling and transporting drug offenses. The paper demonstrates its unaccomplished pattern by discussing this offense belonging to the process behavior in the constitution and its legislation of foreign countries. It also analyses the standards of the accomplished and unaccomplished patterns from the seller and the buyer, proposing that selling drug offenses adopt the theory of entrance exchange and transporting drug offenses adopt the theory of starting transportation.The third chapter is about the determination of rendering meritorious service. The paper thinks rendering meritorious service is beneficial to the society, and reflects upon some problems about the stipulations concerning rendering meritorious service. In fact,"impeaching, revealing","providing clues","helping"themselves are difficult to distinguish, so it proposes that"providing important clues for solving other cases, which is verified through investigation"should be amended as"providing important clues for solving cases, which is verified through investigation or providing clues for catching suspects", and"providing clues for catching suspects"should be incorporated into the situation of rendering meritorious service. At the same time, it claims that the scope of rendering meritorious service should be extended from findingout the drug money and drugs instead of arresting suspects to helping the accused to render meritorious service. Besides, the paper discusses the foundations of lenient punishment and the breadth rang of lenient punishment concerning rendering meritorious service, and summarizes the situations in which the offenders rendering meritorious service are not affirmed leniently and the factors that can be considered if affirmed leniently.