On Study Of "Transporting" In Crime Of Transportation

In reality, in order to maintain public security and social order, the government prohibitsany circulation of dangerous goods and harmful goods or other goods that the governmentthinks that it is necessary to control as well as personal carriage, transfer, and delivery inaccordance with the criminal law,any of which actions shall be called the transportation crimegenerally according to the criminal law theory,。That is the feasor violates the criminal lawand delivers directly or indirectly the contraband goods from one place to another place onpurpose.The transportation crimes stipulated by our existing criminal law include the crime ofillegally transporting guns, ammunitions and explosives, the crime of illegally transportingthe dangerous goods and counterfeit money, the crime of illegally transporting the treasuredand endangered wild animals with their products, the crime of illegally transporting drugs andso on, all of which refer to the action of loading and transporting some certain goodsobjectively. Legally conducting the criminal law regulations of the transportation crime isbeneficial to strengthen the legal control of the specific dangerous goods, harmful goods orother contraband goods by the government as well as implementing a comprehensiveplugging and punishment on any related contraband goods.In the judicial practice, how to correctly comprehend the "transportation"in thetransportation crime is a controversial question.Different comprehensions of "transportation"will directly result in divergence among the same or similar actions in the qualitative way.Some people think that "transportation" refers to the absolute movement in physics, strictly based on the meaning explanation stipulated by the law, which is the comprehension ofserious doctrine of rules of formalism; some think that "transportation" should be professional,long-distance and large-scale movements;some believe that "transportation" should beidentified by the transportation ways, that is the transportation must be conducted in somecertain vehicles.Others maintain that "transportation" should be comprehended in ways ofpurposes, combining the spirit stipulated by the law, the potential purpose and the realizedvalue.In the criminal law theory, as for the comprehensions of the "transportation", a commonview has not been reached. Different people have different ideas. Under the background ofsuch theory and practice, there are different standards to conduct judicial investigation ofthe transportation crime. Similar cases with different judgements can be often seen, whichdirectly influence the implementation of the legal principles of crime and punishment as wellas the authority and credibility of the criminal law.The thesis, from the "transportation" in transporting guns, makes the cognizance ofcrimes, such as transporting drugs, counterfeit money and other kinds of "transportation" andso on. The author believes that the cognizance of "transportation" in the transportation crimesshould be a question explained by the criminal law in nature, which can not be comprehendedin its words meaning stipulated in the criminal law seriously, catching the words meaningtightly, as well as being translated freely, without consideration of the words meaning in thecriminal law.There should be a reasonable explanation or a dialectical explanation to the criminal law, based on the words meaning in the criminal law articles, by its explanation,which can be meet the needs of the social changes to the uttermost and realize the purposesand values to the uttermost as well, making the comprehension of the criminal law can catchup with the purposes and potential values of the criminal law. Due exactly to the principles,the general way of the cognizance of the "transportation: in the crime of illegally transportingguns" are suitable to the cognizance of other transportation crimes as well."Transportation" isnot the simple movement in physics, the meaning of which should be identified according tothe purposes and values of the criminal law as the guidelines.The cognizance of "transportation", should combine these similar actions such as manufacturing, buying andselling,smuggling.and possessing,through a comparison and an analysis, from the criminalintention, the social harmfulness and the threat of the feasor himself, according to the range ofpunishment stipulated by the criminal law on the related crimes, guided by the principles ofthe combination of crimes, punishment and the criminal law to conduct a comprehensiveconsideration, thus reaching the social common sense, conventions and the nature as well asmeeting the needs of the legislation purposes and the value pursuits.