| In today's rampant drug-related crimes, drug trafficking crime is also common, as the most common drug-related criminal offenses. Drug molecules in drug-related crime is difficult to resist the temptation to bring huge profits for drug trafficking. Drug-related crimes seriously endangering people's health, corrosion of the human mind, serious damage to social order, while a strong impact on social and moral system, for individuals, families and society caused serious damage to their serious social harm has been around the world attention, and continue to step up our efforts to try to control the development and spread of the poison. However, due to continued drug trafficking crime, the emergence of new forms of existing drug trafficking crime, the punishment of the criminal legal system is increasingly showing imperfections attained, the law is not perfect, resulting in the same judicial determination of standards in different situations, local the judiciary, even in the same court different judges handling drug trafficking cases in the applicable law, that standard, the sentencing range and so there is a big difference in this way, on the one hand have the problem of unfair sentencing, to the detriment of justice; the other hand, contrary to the equality before the law principle of criminal law, undermine the protection of the rights of some defendants, but due to applicable law, that standard, the sentencing range to master different, leading to a very large proportion of appeals, waste a lot of judicial resources.This paper is divided into five parts, namely, an overview of the crime of drug trafficking, an accomplished and attempted crime of drug trafficking identification, "in order to keep traders suck" type of identification of the crime of drug trafficking, drug trafficking crime of complicity in the identification, the penalty for the crime of drug trafficking specific application.The first part is an overview of the crime of drug trafficking, the concept of crimes from drug trafficking, characteristics, nature and form of drug trafficking behavior of the four aspects to a comprehensive and systematic understanding of the types of drugs, drug trafficking, the current international and domestic situation, and currently more common form of drug trafficking, as demonstrated below, the specific understanding and analyzing issues related to drug trafficking crime basis.The second part is an accomplished and attempted crime of drug trafficking identification, the part of the first recognition from several of the field of criminal law theory more consummated crime of drug trafficking began to identify the standard theory, a comprehensive analysis of various theories, combined with the nature of the crime of drug trafficking, citing cases to describe the specific legal interest on the real victims of the crime of drug trafficking identified an accomplished and attempted rational and scientific, according to the legal interest on the real victims of common crime of drug trafficking on the performance of an accomplished and attempted form of classification.The third part is "to keep traders suck" type of identification of drug trafficking crimes, with the main part of the "traders keep smoking"-type crime of drug trafficking and judicial practice, the characteristics of the main issues arising, according to China's judicial practice of the "trafficking keep smoking "type crime of drug trafficking based on the primary process, namely the" National Drug Court cases, part of the seminar on "spirit, to describe the" traders keep smoking, "the crime of drug trafficking in the drug-based nature of the problem of identification number.The fourth part is an accomplice of the crime of drug trafficking identified, which include the definition of an accomplice in the crime of drug trafficking, drug trafficking crime in the identification of principal and an accomplice, middleman trading behavior found drug problem, based mainly on the part of the common criminal on criminal law theory, principal , an accomplice's knowledge, combined with the existing laws, regulations and judicial interpretation of a concrete manifestation of a common form of drug trafficking, drug trafficking together to analyze the principal and an accomplice in the identification, in particular the sale of drugs act on the middleman who carried out acts of nature analysis, under what circumstances constitute a crime of complicity in drug trafficking. Part V of the penalty for the crime of drug trafficking specific application, a brief discussion of the units in that part of drug trafficking, drug trafficking, the number of trafficking crime, drug trafficking crime of graft, drug trafficking crime recidivism and sentencing situations such as the application. First, from our current criminal law and judicial interpretation of the provisions of penalty for the crime of drug trafficking, to learn about our criminal law crime of drug trafficking profile of specific penalty, followed by units under the law can be briefly described the main body of the crime of drug trafficking, drug trafficking and the unit made the principle of penalties for the crime. Third, the number of drugs introduced in the sentencing of the crime of drug trafficking in the position, highlighting drug-trafficking cases the number of death penalty cases on the issue of drug control principles and drug ingredients on a low number of new drug problems, problems with drug purity, proposed the idea to be considered when sentencing. Fourth, the discussion section of the main clan in the analysis of drugs and drug cases were implemented in different manufacture, sale, transportation and other different kinds of behavior counts and the determination of the number of crimes, and theft, robbery and other illegal means to obtain the nature of identified drug and access to drugs through the channels to be selling a few crime problem of identification.Hope this thesis has played again for drug trafficking crime awareness, crime prevention also play a stable society with good results. |
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