The Research Of Intermediaries Drug Trafficking Conviction

Drug trafficking is a major target of attack most cases related to the number of drug-related crimes, the widest scope of one of the forms of crime, the world has always to be classified as drug-related crimes. In recent years, there are a lot of drug trafficking and criminal activities, intervening acts of ever-changing methods of crime, making drugs in the community, facilitate the illicit circulation of serious damage to the national drug control system and harm the physical and mental health of the people. As our legal and judicial interpretation of drug trafficking behavior of the intervening qualitative provisions do not expressly conflict, used to guide the judicial practice of the Supreme People’s Court on the national court to hear drug cases seminar on "attracted theorists controversial, particular Zuiyufeizui, serious differences of practice in the administration of justice by intervening drug trafficking behavior of some qualitative loss, have similar circumstances intervening acts sentencing imbalance. This article of intervening trafficking drug behavior identified the relevant legal documents combing theorists differences perspectives explore the practice of qualitative as well as punishment effect analysis, based on proposed viewpoints of the author in the intermediate trafficking in narcotics cases trial work clear jurisprudence to guide the practice of their own work.The paper is divided into four chapters, totaling approximately1.9million words.Chapter1:to investigate intermediary manifestations of drug trafficking behavior classification.Chapter2:the intermediary drug trafficking behavior legislative status quo and theoretical differences. The chapter is divided into two parts, the first part to sort out, pointed out that the lack of relevant legislation, the current drug trafficking intervening behavior; second part of the analysis of the intermediary drug trafficking behavior qualitative theory differences. Currently, the theoretical circles mainly for the intermediary drug trafficking behavior qualitative controversial "accomplice to say","not guilty" and "distinguish" three."Accomplice said" that should be the drug crime intervening behavior constituted the crime of drug trafficking and drug sellers accomplice;"the sinless said that intervening acts criminal law does not expressly provide, and should not be convicted and punished;" Case said,"think of intervening acts should distinguish different the behavior of qualitative analysis, and should not be generalized. Analysis, pointing out that "the accomplice said" can not solve the qualitative issues introduced intervening acts such as drug sources for drug addicts to the crime of drug trafficking complicity punished as contrary to the subjective and objective consistent with the principles of criminal law;"not guilty" indulgence suspected of crime;"case" does not resolve the detail on the intermediary acts comprehensive overview and classification of the more confusing issues.Chapter3:Practice intervening drug trafficking behavior identified. The first part of the case studies. The second part of the analysis of drug trafficking behavior of intervening factors affect the substantive departments.Chapter4:Disirrtermediation drug trafficking behavior identified this point of view. The chapter is divided into two parts. The first part, drug offenses intervening acts qualitative issues related to Legal Analysis:the crime of drug trafficking is not subjective to the perpetrator for profit as a necessary constituent elements; the purchased drug users for the purpose of selling illegal to buy drugs to constitute the crime of drug trafficking. The second part, to drug trafficking intervening behavior of this feature from the properties of the intervening acts classification, to explore how each type of intermediary behavior qualitative and put forward their point of view:Commissioned by the drug sellers introduce buyers constitute complicity in the crime of drug trafficking and drug sellers; as trafficking for the purpose of drug buyers drug sellers constitute complicity in the crime of drug trafficking; not for the purpose of making profits for drug addicts to introduce the drug sellers should be found not guilty; purchasing drugs for drug addicts, the number of more than348of the Penal Code provides for a minimum quantity of drugs, constitute the crime of illegal possession of drugs, on the contrary should be found not guilty.