Research On The Crime Of Transporting Drugs

In present world,the drug problem of globalization has been posed a significant threat on human survival and development.Drug,referred to as "the phantom,the plague,the Devil," not only has threaten directly physical and mental health of people and happiness of families, but also has brought a huge threat to the economic development and social progress,easily lead to violent and terrorist acts of crime and corruption,cause prostitution,the spread of AIDS and other social problems,and eventually threaten national security and world peace. Whether natural drugs or processing of synthetic drugs,before entering into the transaction market at the end and resulting in actual harm to society,there is no doubt that most of them have been transported.Because our country has a geographical characteristics of vast and complex terrain,and is adjacent to the global drug base-the "Golden Triangle",our country has been become a distribution center for outside drug smuggling.Criminal act of transporting drugs has high incidence and large scope in crime of our country,and is one of key targets of China's anti-narcotics in judicial practice.China's "Criminal Law" has been carrying out a criminal policy of "severe punitive measures" to punish the drug crimes,sets up the crime of transporting drugs in section 347 for conviction and punishment of acts of transporting drugs.Criminal law provides a comprehensive legal basis to combat drug crimes.However,because China's criminal law provides for the crime of transporting drugs a simple count,and the expression of the meaning in judicial interpretation has not been able to uncover the essence of the crime of transporting drugs,there are difficulties to account this crime in practice.Smuggling drugs,trafficking drugs,manufacturing drugs and transporting drugs not only had been provided at the same selectively accusation,but also have the same sentence and the same punishing standards,so legislation violates to the principle of suiting responsibility and punishment to crime.For a more accurate understanding and application of the crime of transporting drugs in criminal law,and punishment of drug offenders,at the same time,in order to enrich and develop the theory of drug-related crimes for adapting drug-related crimes in the new situation,it is necessary to research the crime of transporting drugs.This paper,about 3 million words,consists of four parts.Part 1:The establishment of accusation.This section includes the legislative history of the crime of transporting drugs in our country and the provisions of international conventions and foreign criminal legislation and Hong Kong,Macao and Taiwan region about the crime of transporting drugs.Through researching the criminal law after the founding of the PRC,the author believes,from criminal law of 1979 to criminal law of 1997,the provisions of the crime of transporting drugs in criminal law gone through from simple and easing to perfect and severe.In other countries and regions,the provisions of this crime are different.Part 2:The research about constitution of the crime of transporting drugs.As the focus of this paper,this section includes the concept of this crime and four constitution of the crime. Through research the theory and the features of this crime,the author believes,transporting drugs is delivering drugs for others by a variety of concealment or disguise ways.The man who transports drugs does not have ownership of the drugs and know the nature and consequences of transporting drugs.To transport drugs must be at the territory of our country with the purpose of the flow of drugs.So the essence at the objective aspect of this crime should be the transfer of liquidity rather than space shift,this crime complies with the requirements of spatial.Offenders should do not have ownership of the drugs with the purpose of the flow of drugs.People with indirect intention also may constitute the crime.Part 3:The research about difficult judicial problems of the crime of transporting drugs. Against controversial or difficult problems in judicial practice,this section researches three questions,including criminal pattern,common crime and restriction of death penalty of the crime of transporting drugs.Combined with the essence of this crime,the author believes the standard of criminal pattern would be "achieve liquidity".Because the common crime of this crime is more harmful to society than acts of individuals,it is difficult to investigate and prosecute the common crime of this crime.The paper researches the common crime of this crime,including constitution of accomplice,prosecution of accomplice and punishment of accomplice.At present,our country has not fully abolished the death penalty,so it is a rational and realistic option to restrict the death penalty in the judicial application of the crime of transporting drugs.Part 4:Legislative proposals of the crime of transporting drugs.Against unreasonable provision of this crime in Criminal Law and judicial interpretation,judicial practice,the characteristics of this crime,the author propose to abolish the death penalty of this crime, separate the transporting drugs form the same selectively accusation,and provide sentence and punishment standards separately.