Analysis Of Some Issues Of The Crime Of Traffic In Narcotic Drugs

As a typical kind of crime, the crime of traffic in narcotic drugs is always the main target of criminal field. There are also plenty of studies on it in practical and theoretical areas. But there are also some problems in dealing with this crime. The author points out that the lack of the protection of human rights in striking this crime is a severe problem. Other problems include: the definition of drugs is ambiguous, the judges are confused in distinguishing the formation of the crime of traffic in narcotic drugs, the temptation investigations for drug trafficking are unreasonably used, judicial official consider the rendering meritorious service deficiently, and there are too many death sentences, etc.The author points out that the crime of traffic in narcotic drugs should be stricken severely. But under the lenient and severe criminal policy,we should not be blinkered in striking this crime. It is only with wide view that we can solve some problems with this crime.This thesis is divided into four parts, with about 30,000 words.Part I: Aiming at the difficulty in dealing with this crime because of various kind of new drugs, the author points that the intension and extension should be re-discussed. The author points out that the drugs have three characteristics, which is its social harmfulness, unlawfulness and physical shape. To study those above can help us to definite the new type of drugs.Part II: The author points out that the traffic in narcotic drugs is a business by defining its essence and formation. The author particularly discusses the middleman service of selling and buying drugs. The author then points out that there is unfinished formation in this crime. Furthermore, the author points out some measures in dealing with the attempted crime and preparatory offence.Part III: The discussion on the circumstance of imposing penalty. On the basis of the analysis of the rationality and problems with the temptation investigations for drug trafficking, the author analyses the measures to give the criminals lenient punishment. Then after giving the analysis of the characteristics and essence of rendering meritorious service, the author makes his suggestions on how to deal with the rendering meritorious service in order to give penalties properly.Part IV: The issue about the penalty to this crime. On the basis of analysis of the acting force of death penalty, the author points out that death penalty should be strictly restrained to this crime. The author also passes an opinion about how to ascertain whether the crime is extremely severe and the demarcation line in policy of death penalty in practice. On the other hand, the author points out that fine penalty should play a more important role in dealing with this crime, so we should reinforce and improve the using of the fine penalty.