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Study On The Problems Of Drug Offenses Transport

Posted on:2014-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:2266330398496550Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of drug-related crimes has become an increasingly prominent social problems faced by many countries of the world, including China. Drug led to many broken families, to induce other illegal and criminal activities, and to become the main way of HIV transmission. China is the fastest growing number of drug addicts around the world countries, a series of social problems of drug-related crimes and the consequent increasing cause for concern, which caused extensive attention of our society for the study of the drug problem and research demand for transporting drugs, as drug-related crime is an important part, plays the role of the " nexus "of its completion of drug-related crimes, the harm is huge. However, the crime of transporting drugs in the theory and practice there is a considerable number of controversial and difficult, dating back to its source because of the concept of sin has neither the clear provisions of the criminal legislation, criminal law theory and practice did not agree on the belief. China’s judicial practice, due to the lack of clear legal provisions and judicial interpretations basis, resulting in active operation of the administration of justice in reality more difficult, usually relying on the intellect and experience of the judges to be judged. The same time, the theory of transporting drugs is not complete, there are many disputes in the judicial practice, in the grasp of the patterns of crime are not the same. As a part of the drug-related crimes, sentencing and smuggling, trafficking and manufacturing of drugs, but its harmfulness compared to other drug-related crime but different, especially in the grasp of the death penalty around the practice there is a great difference the theory of the abolition of the capital punishment of the crime of transporting drugs also began to appear in the judiciary. Of transporting drugs, improve the theory of transporting drugs, thereby transporting drugs legislation sound is very necessary.Transport drugs from the international community to start the study, combined with China’s actual concept of transporting drugs and legislative significance. And then combined with the theory of the Criminal Law of the crime, the system of objective and subjective elements and patterns of crime of transporting drugs for transporting drugs, improved theory of transporting drugs on some controversial issues, proposed the views of the authors; Finally, focusing on analysis of issues related to the application of the death penalty to the crime of transporting drugs, proposed the death penalty from the domestic and international drug crime start, transport drugs to death, and of the abolition of specific recommendations to improve transport drugs legislation.
Keywords/Search Tags:transporting drugs, consummated, attempted on crime, the death penalty
PDF Full Text Request
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