Transporting Drugs And Illegal Possession Of Drugs Boundaries

Drug crime is a kind of serious social harmfulness of crime, the history of the Chinese nation has suffered the drug menace. Therefore, our country criminal law on drug crimes against particularly harsh. However in drug crime, but there are a lot of difficult problems, the crime of transporting drugs and illegal possession of drugs crime is one of them. And the requirement of modern rule of law is to punish crimes and human rights protection to pay equal attention to, for the accurate characterization is of great significance. This paper selects the recent judicial practice common in transportation of drugs seized criminal cases, through the analysis of a case report forms, the crime of transporting drugs and crime of illegally holding drugs difference question to carry on the research analysis, and put forward their own views.This paper consists of five parts, about twenty-five thousand words.The first part: presentation of a case. Specific include: the basic situation, the basic facts of the case, the prosecution of the case review qualitatively different opinions and reasons.The second part: the case of focus. According to the prosecution of qualitative differences, this case cognizance is the key problem of the crime of transporting drugs and crime of illegally holding drugs to distinguish, and from two different views of the reasons, the controversial mainly focus on: one is the crime of transporting drugs and subjective intent; two is the dynamic holding and transport relationship of drug; three is the crime of transporting drugs and crime of illegally holding drugs standard of evidence.The third part: controversies and disagreements. Around the three focal point question, put forward different opinions and Views: First, about the crime of transporting drugs and deliberate subjective perspective in two: One is subjective deliberately included only on drugs knowing; The another is subjective intention not only include knowing, also includes clear for transportation purposes. Second, on the dynamic relationship of drug possession and transportation point of view there are two: One is do not recognize the dynamic holding, the subjective awareness of the dynamic holding equal to the transport of drugs; The another is dynamic holding is not equal to the transport of drugs, crime of illegally holding drugs can be represented as a dynamic holding, in distinction, advocates should combine the behavior person's subjective intentional content. Third ,the crime of transporting drugs and crime of illegally holding drugs evidence standard perspective in two: One is as long as there is evidence that behavior subjective knowing behavior object is a drug, objectively the transport behavior, while the transport behavior of other drug crimes for the purpose, can be identified as crime of transporting drugs; Two is transport of drugs the crime, in addition to prove that people act on drugs that, objectively transport behavior, but there is evidence that people have clear transport behavior intention.The fourth part: the conclusion of the study. In this part, mainly the theoretical knowledge in practice and the specific operation unifies, by the case analysis, the study concluded that. The crime of transporting drugs and crime of illegally holding drugs concept, legislation and so on, and then discusses the three problems and concludes: First, the crime of transporting drugs and subjective intent is the main conclusion, the crime of transporting drugs and the subjective intention of knowing and transportation purposes includes two aspects, it can be better and charges related to distinguish, improving the judicial operation and security of law's unity, and then on the practice of " transportation" and" hold" understanding of the meaning to be defined. Second, on the dynamic holding and transport of drugs problem between the conclusion, mainly through the dynamic holds in the presence of analysis, as well as on dynamic holding and transport drug analysis, the dynamic holding is not equal to transport. Third, the crime of drug trafficking and crime of illegally holding drugs evidence standard conclusion, based on the point of view, the crime of transporting drugs found in addition to prove subjective knowing, external transport behavior, subject qualification, there must also be evidence that the act having clear for transportation purposes. The available evidence can not or is not sufficient to justify the actor has transportation purposes, or for other drug crimes for the purpose, knowing is the drug while holding and reaching the statutory number of the standard, the crime of illegally holding drugs conviction and punishment. On the issue of the conclusion of the study based on the case of ginger, a behavior as crime of illegally holding drugs, reason is: One is ginger a transportation purpose is not clear, is not proving state; Two is Mr. Jiang behavior belongs to the crime of illegally holding drugs dynamic holding patterns; Three is documented evidence to prove a subjective ginger purpose. In addition, still on the case involving the other related problems, such as: the case of need attention and perfect legislation, the crime of transporting drugs already the attempted were simple analysis.The fifth part: conclusion. He seized the transport link in drug crime cases qualitative not only on the basis of objective measures of performance, and should be more emphasized from the behavior person's subjective purpose proceed with, combined with the specific cases of analysis of evidence, whether the actor has the transport of drugs intentionally, closely around" transportation" and "hold " meaning, definition is" transport" or the condition of moving to hold.