The Research Of The Sstandard To The Attempted Or Accomplished Crime Of Drug Trafficking

In the recently years, drug crime becomes intensified not only in China, but alsoin the whole world. And it shows the trend of internationalization and globalization.Typical is the golden triangle of armed drug syndicate which had been cracked notlong ago. It Is not only a simple drug crime, but armed cover combined withinternational cooperation. It blatant armed confrontation to the police department andassociated other serious violent crime, brought great harm to the society. Thus Chinastrikes drug crime very seriously. Not only in the legislative provisions very stringentlegal punishments including the death penalty, but also implement the criminal policyin the "strike hard" trial practice. Remarkably, since the founding of the three times"strike hard" has proven that it could only deter crime and reduce the effect of thecrime in a short period of time. It could not eliminate crime in the long term. And wecan not simply "strike hard" while ignoring the criminal law to protect the humanrights of the function. Under the criminal policy of combining punishment withleniency, the "strike hard" policy implement in specific cases judgment also need tobe under the criminal law legal provisions, statutory and discretionary mitigatingcircumstances for the criminal law to be reflected. But in the current judicial practice,there is no clear legal or judicial interpretation to describe when the crime of drugtrafficking is accomplished. It still need to improve in order to better control and curbdrug crime. The first part discusses the judicial practice for the attempted or accomplishedcrime of drug trafficking. Section I describes the policy in the fight against the crimeof drug trafficking, and how to implement in practice. Section II describes theidentification of the standard judicial practice to the attempted or accomplished crimeof drug trafficking and its Reviewing.The second part describes kinds of theories of the standard to the attempted oraccomplished crime of drug trafficking in the theoretical circle of criminal law. Thispart is divided into five listed in detail: the actual delivery, the contract agreed, thetrading behavior completion, the held accomplished, into the trading process. Andmake a detailed discussion.The third part describes the basis to established the standard to the attempted oraccomplished crime of drug trafficking. Section I elaborates two kind of standard tothe attempted or accomplished crime. Section II defines the act of drug trafficking.And the last section determines that it should be based on actual delivery as drugtrafficking crime accomplished standard.The last part is divided into three sections to illustrate how to determine theaccomplishment of special drug trafficking, including trafficking for the purpose ofbuying illegal drugs, drug trade fail due to trading object or price changes, and thetemptation investigation.