Certain Problems Of Transporting Drugs

The crime of transporting drugs is one of the typical nonviolent crimes, and there is no nation can escape the impact of the havoc, at the same time, drug abuse is a very serious social problem. Crime of transporting drugs means that be fully aware it is drugs, still using the mode of take along, send by post, use the other, mass transit to transporting drugs. But crime of transporting drugs as a deed, the deference purpose of transportation and area, doesn't establishment the crime of transporting drugs. For the put behavior of transporting drugs in the theoretic and practical, there is a big problem in application. A theoretical solution to this problem is beneficial to the justice practice. It is a special crime, have the dual nature, first the standard of conviction very light, second penalties very heavy. This penalty mode runs counter to appropriate punishment for crime. So,we must take the critical aim of criminal turn to drug lord and ringleaders of gangs engaged transporting drugs, and need to limit death penalty to utilization strictly now. Further research the series problem of crime transporting drugs, intended to provide theoretic support and practical reference to the judicial practice.Part1:Subjective element of the crime of transporting drugs, this part analyzes the questions above from the principle of presumption and the rule of thumb to identification subjective sin of the suspect. Justify theoretically evidence to judiciary for hearing of the case.Part2:Criminal pattern of the crime of transporting drugs this part have a discussion on accomplishment of a crime criminal attempt preparation for a crime and crime suspension about the crime suspension. Justify theoretically evidence to judiciary for hearing of the case.Part3:The relationship between drug purity and the level of penalties for the crime of transporting drugs. This part will uses the methods of comparative study put forward the crime of transporting drugs should be converted according to the purity.Part4.The death penalty application for the crime of transporting drugs at present in china criminals who transport of drugs shall be sentenced to death I thought the punishment was rather harsh for the crime of transporting drugs judicial authority must moratorium on the use of the death penalty. The importance of property punishment for the crime of transporting drugs. Sometimes we couldn't use property punishment for the specifically criminal. And there is some problems on extent for discretionary action of sentencing needing constructive amendments.Part5:Measures to improve and legal system. First establish an appropriate identification accomplishment of a crime; Second measurement of penalty must take into account the drug purity abolish executions or restricted application executions; The third make the drugs conversion table and tabulation for extent for measurement of punishment make the whole nation unite of application standards.