Research On Transport Type Of Crime

In recent years, with the development of economy and the progress of scienceand technology, the transport industry has been promoted a lot, which also broadenthe channels for the criminal to commit a transport type of crime. In judicial practice,a growing number of criminal activities are associated to transport type of crime.Classified by behavior, transport type of crime has gradually attracted the attention ofthe academia, some academics have already commenced preliminary study. However,transport behavior only provides the specific charges, a systematic study of this typeof crime is lacked, which makes it difficult to deal with transport type of crime andreflect the basic principles of crime and punishment adapting each other in the judicialpractice, affecting the normal conduct of the administration of justice. The practiceshows the necessary of the independent existence of this type of crime and therelevant legal provisions needs to be improved. This article attempts to investigate thetransport type of crime-related problems combined with some typical cases inpractice.The text is divided into five parts:Firstly, an overview of the transport type of crime. The purpose of this section isto solve the basic problem of the transport type of crime, also providing the necessarymaterial for the later analysis of this type of crime. First, comb the transport type oflaw since the implementation of the current criminal law to identify commonalitiesbetween the individual charges of this type of crime. Second, analyze the value of thelegislation of its type and define the connotation of transport type of crime combinedwith the basic theory of criminal law.Secondly, analyze the objective problems of transport type of crime. The authorwill focus on how to define the connotation of transport type of crime and transportbehavior. First to all, to define precisely the connotation of “transport”, four aspectsincluding criminal illegality and the transport behavior of spatial displacement and theillegal behavior and the delivery of the object need to be considered comprehensively.Meanwhile, compare the transport behavior and other crime associated, deepen theunderstanding of the transport behavior. Secondly,the author will summarize thecommon object of transport type of crime in the existing criminal law and combined this with the range discussed by the academia, coming to the conclude that the objectof this type of crime should be statutory prohibited items.Thirdly, analysis of the subjective problems of transport type of crime. Throughthe analysis of the doctrine of academia, the author will explore the subjective aspectof the content of “knowingly” of the perpetrator and “Knowingly” judicialpresumption applicable rules and specific application. And the author will combinethe specific cases to analyze the error understanding of transport object of theperpetrator, identifying from three aspects “mistaken non-existent to existent” and“mistaken existent to non-existent” and “mistaken this to that”.Fourthly, identify the special form of transport type of crime. For the crimenumber of transport type of crime, we should screen from selective accusation andvarious accusations and once or repeatedly transport prohibited items. Speak of theunfinished morphology of transport type of crime, perpetrator and processingperpetrator should be distinguished in order to define the standard of this type ofcrime. About the complicity of transport of crime, the author believe that the analysiscan be conducted from the following two aspects, different behavior constitutecomplicity while the perpetrator commit a selective accusation and complicity byperpetrators employed to implement a transport and the employee.Fifthly, improve our transport type crime legislation. Due to the lack oflegislation on technical and theoretical preparation, resulting in the variety of flawsabout the provisions of transport type of crime need to be amended in the existingcriminal law, which, mainly manifested as following: the lacking of criminal object,not standardized setting of the charges, unscientific express of the guilt, over narrowrange of transport objects, the imbalance legal punishment. While improving transporttype crime should follow the principle of harmony, the accuracy principle andnecessity principle. Under the guidance of these three principles, the author proposelegislation for the transport type crime defects following the perfect idea: uniformsetting mode of a accusation, complete some counts expression, set up object oftransport type of crime additionally and rational allocation of legal punishment.