Problems Of Drug Trafficking

Crime of transporting drug is the most common among crime of drug, investigating the structure and the application of practical issue of the crime of transporting drug is of significant importance in fighting against drug crime, and protection of human rights.The first part:clarify the target drug of drug crime, by introducing the history of various drugs, the classification of various drugs, an analysis of the prosperities of drug to explain the connotation and denotation of the concept of drug and the legislative history of drug crime in China. After analysis, the author believes that, the so-called drug is the out of regulation use of drug, and easily abused by people with medicinal and spiritual addiction and substance. Because of the behavior of human, the medicine turns into drug; it is being abused by human. Drugs and the combination of human behavior is only under the circumstance of being harmful to the society and its risky to the society, the criminal law is being carried out to intervene, and it meaningful to investigate the criminal law.The second part:the subjective knowledge issue of drug transporting, through the regulation of subjective elements of crime and the confusion of crime of drug transporting, and the "subjective knowledge" of the crime of transporting drug and the embarrassment in the judicial practice, to make sure how to define the "subjective knowledge" issue of the crime of transporting drug. The author believe that, through the detective means, on the basis of define the drug crime suspect "subjective knowledge", also combined with other evidence of the whole case, a comprehensive review, to form the chain of evidence, according to the four elements of constitute of a crime, to define whether the behavior of the criminal suspect is criminal.The third part, the accomplished problem of crime of drug transporting, through the analysis of the crime consummated of identification standard to address the separation of man and shipment of drugs is not the problem of identification and separation behavior of people with drug problems originating in the identified. The author believes that, crime should be based on the transport of drugs "shipment completed" to determine whether consummated. And follow the "shipment completed" were not isolated when the drug shipment issues and identification of the perpetrator and the drug shipment separation of the identification problem.The fourth part, exploring the practice of legal issues related to drug transporting, on the common practice of transporting narcotics crime the author believes that, crime should be based on their actual role in the specific identified as principal or accomplice; transport drug offenses in the number of problem drug specific processing of drugs to consider the level of objective factors such as concentration, toxicity results, etc., when the sentence according to the principles of Crime and Punishment integrated to the punishment. Analysis of the purity of the drugs,the author do not think that distinction is not reasonable purity of drugs should be based on the purity of drugs on the role of social harm to the punishment.