Zhang Entrust Others On Behalf Buy, The Drugs Prescribed Behavior And Discussed

In modern society, the drug has become the enemy of all mankind. Through developedthe Internet, the media widely spread, the depth of drug abuse, the harm of the big alreadythorough popular feeling. A little drugs can let a family apart, so a little more drugs can putour earth-human common home become mess. To increase the drug of punishment hasbecome the urgent issues in the world today. However, different drug crimes cross each otherbetween the phenomenon, caused the judicial authority is hard to control the distinctionbetween crime and sin. Especially transport drugs crime and illegal drug possession crimes,the two drugs in the judicial organs of the trial drug cases majority. Because now a lot of drugaddicts is "to sell a suck", so in the criminal suspect arrested on the spot, it is difficult to judgeits is transporting drugs or illegal drug possession sin sin. So, to the two drug crime in ourcountry to distinguish the judicial trial is particularly important. This paper aims to distinguishbetween transport drugs and illegal drug possession of convicted limits, from a case of firstsummarizes the transport drugs and illegal drug possession sin sin concept and characteristic,then on to transport drugs crime and illegal possession of drugs that sin are analyzed, and theexisting in the judicial practice in China of confusion, finally to this paper the application oflaw in the case on thinking. Based on the theory and practice, the system analysis on thetransportation of crime and drugs illegally holding drugs the definition of sin, for drug controlof the legislation and judicial work the theoretical foundation, has some of the realisticsignificance. This paper mainly divided into five parts to write:The first part is mainly to the "zhang entrust others on behalf buy, the drugs andbehavior" the basic facts, are introduced, and explain the case is in the process ofprocuratorial organ charges, the defendant and the defender the opinion, the court’sjudgment.The second part is the central issue of the case. In this paper the dispute case thereare three part: first, to transport drugs sin and illegally holding drugs difference is fuzzy.Second, the defendant zhang subjective aspect of the evidence is insufficient, it wasdifficult to tell. Third, the defendant in the case of someone involved in the number ofmethamphetamine is not clear, in its there are differences on the sentencing. Through thecase analysis, and the case of their respective parties to dispute and disagreement.The third part is one of the paper’s key problems, this part is the study oftransporting drugs, illegal drug possession sin and the basic theory of sin, and analyzedthe concept of sin transporting drugs, illegal drug possession of the concept of sin andtransporting drugs, crime and illegal drug possession the distinction between the sin.The fourth part is in this paper and the key problems, according to the above theoryanalysis to further case, this paper argues that a zhang has transport drugs subjectiveaspect of the evidence is insufficient, therefore, should not be sentenced to the transportof drug crime, this case in which the defendant zhang involved have the number of methamphetamine, should to assess, and the defendant zhang pleaded guilty attitude goodstep to repentance, with real step to repentance behaviors should be as a punishmentreference.The last part is research conclusion, is to the argument a summary and thesuggestion, and at the same time puts forward legislative Suggestions.