Research On Transportation Of Drugs

Transport drug charges as one of the crime of drug crimes in our country, andsmuggling, trafficking in, usually accompanied by behavior such as manufacturingnarcotic drugs, China’s criminal law did not drug charges for transportation form ofcrime, crime characteristics make specific provision, which bring many difficulties tothe judicial practice work, but as drug crimes of high-risk sexual behavior, the authorthinks that the judicial cognizance question of dealing with transport drug chargesmake detailed study in order to improve the working efficiency of judicial organs andreduce the occurrence of such judgment crime is not corresponding to the case. Thisarticle USES the empirical analysis, literature research, comparative analysis, functionanalysis, starting from the three cases lead to disputes, and combining the relatedliterature at home and abroad about the research of drug transport sin, analysis andcomparison of the different point of view, on this basis, proposed own view. Thispaper divided into three parts, including the cognizance of the objective aspect of thecrime of drug transport, the cognizance of the subjective aspect of the crime of drugtransport and transport the accomplished and attempted of the drug charges. First inthe objective aspect, the paper puts forward two common problems in the judicialpractice, namely, drug trafficking and transport of drug transport charges in relation tothe distance of the number of doping adulteration of drugs. Through this drugtransportation distance is short don’t affect the establishment of the drug transport,transport drug behavior is the key to make the drug circulation, harm the state of drugcontrol order, began to produce some harmful to the society. That drug number is notreduced but purity, purity identification shall be conducted, to the purity of the drug asimportant sentencing plot. Secondly, in the transportation on the cognizance of the subjective aspect of the crime of drug problems, the author’s point of view is indirectintent to form a transport drug crimes, and puts forward that the offender for thetransport of drugs has a specific method of indirect intent, this also for the judicialpractice in judging whether the offender to transport drugs have knowinglydeliberately provides a train of thought. Drug charges in the end, the author discussesthe transport of the cognizance of the accomplished offense and the attempted, putforward the "shipments with one who says" shall be attempted transport drug crimesboth state standards, namely person as long as drugs of shipment, and this kind ofbehavior state has belongs to transport the accomplished state of the drug crimes, andanalyzes the different transportation attempted both state of drug action.