| The harm of drug abuse and the increasing tendency of drug related crime make itnecessary to crack down on drug crimes, in order to maintain the stability of the social orderand public health. drug trafficking, undoubtedly, is the most serious high crime among all thedrug crimes, which leads to the constant diffusion of drug and aggravates the danger of drugs.also the high profit of drug dealing drives more people to risk. however, the laws concerningabout drug trafficking are not many. some controversial problems are solved according to theexplanations described by the Supreme People’s court, the Supreme People’s procuratorateand the Ministry of public security and other related departments. And some controversies arenot clearly defined, upon which people hold different views. Another problem is there is littleresearch on the issue of intervenes of secret service personnel. This paper will analyze allthese problems with the help of cases.Part1will introduce the basic facts and the outcome of the case. By selecting a typicalcase in which under covers intervened and conducted intercalary behaviors in practice, I willdescribe the basic facts and the judgment of judicial department.Part2is a summary of focuses of discussion, including different advices on thejudgment of the case. There are mainly two points discussed: firstly, whether the secretservice personnel should be accused of drug trafficking of their involvement in drug dealing.If established drug trafficking crime is Unaccomplished Offense problem。Secondly, whetherintermediary behavior is a crime of drug trafficking. Thirdly, list the standards ofaccomplishment of drug trafficking crime.Part3is the analysis of the theories and views concerning about the case. Firstly,analyze the constitution of drug trafficking crime and criminal form. The analysis of criminalform should be focused on the standard of accomplishment of crime and the assistingoffender in the joint offense form. Secondly, evaluate the theories and viewpoints on the basisof the case.Above all, define the secret service personnel, which can be specialized into two kinds:personnel who lure the crime disposition, and personnel who create condition for crime. Thecriminal responsibility varies according to the different parts played by the personnel in adrug trafficking. Next, define the intermediary behavior. Whether the secret service personnelbehave to make profit, and whether the personnel have practical exposure to drugs are important for these two points of intermediary behavior decide the social harmfulness.Moreover, discuss whether the interventional and intermediary behaviors constitute crime.If the actor has acted drug trafficking before he is lured by secret service personnel, thenhe commits the drug trafficking crime, but not the case of unaccomplished. If hasn’t, then hisbehavior doesn’t constitute crime. The behavior of Secret service personnel who createconditions to help the actor complete drug trafficking is a crime of drug trafficking. Theintermediary who entrusted by the seller to conduct middlemen services and help toaccomplish the drug dealing, commits the accomplice crime. if the intermediary is entrustedby the buyer and conducts middlemen services with knowing the selling aim of the buyer,then his behavior constitutes the accomplice crime.The behavior of buying drugs for the drug addict in order to make a profit belongs to thedrug trafficking crime.Lastly, provide the conclusions and suggestions of the case. In the case of actor in theunfinished drug delivery, at the same time as the secret service personnel intervention alsoaffected the crime form, so the perpetrator is unfinished drug trafficking crime.Part4is the conclusion. By analysis of case to the maximum guarantee the basicprinciple of criminal law in a specific case is implemented, in punishment of crime but alsoachieve the aim of safeguarding human rights. |
PDF Full Text Request