Transport Crime Research

The paper consists of five parts and discusses some basic theories concerning the crimes in transportation and some difficulties in judicial determination.The first part begins with the concept of transportation. It excludes the crimes caused by the breach of the Transportation Management Law and the crime of smuggling and gives the definition of the crimes in transportation; It also analyzes the basic traits of this crime which are respectively the diversity of the object, the dual characteristics of behavior and object; For the first time, it puts forward the classification of this crime into four categories.The second part discusses the basis for the transportation to be a crime and its legislation value. The former is composed of the severe damage to society and the balance between the society and human rights protection. The latter is to define the preceding and successive behaviors of some brutal crimes as a crime and to control and punish them.The third part focuses on the subjective aspect of this crime from the elements of awareness and will. For the former element, the conductor should be aware not only that the object is legally forbidden to transport but also the purpose and the direction the object is going. For the element of will, it discusses the two possible psychologies of hope and let-it-be.The fourth part studies mainly the difficulties to determine the crime in judicial practice. With regard to the question of crime quantities, the paper considers the circumstances of the illegal transportation combined with some relating behaviors and many legally forbidden goods for one time. The former is an absorption crime and the latter is an imaginary competitive crime. Both of them constitute onecrime only; It also studies the difference between it and smuggling and the transfer of illegal goods; With regard to the question of non-completion of the crime, it points out that the traditional theories do not apply to this crime and puts forward new theory, meanwhile it also studies the problem of non-achievability of the object; Last, it studies the problem of joint offense in this crime, for example, the joint offense constituted by the different behaviors in committing a crime with alternative names or the joint offense committed by the employer and the employee together.The fifth part puts forward some legislative suggestions concerning the crime such as the dependence of the crime, the perfection of the facts, the growth of new crime names and the alleviation of the criminal punishment.