A Judicial Expertise Research On The Crime Of Transporting Drugs

Transport, smuggling, drug trafficking crime belongs to the manufacturing and anoptional charge. In China’s "criminal law", with this type of simple counts of the forms toexpress the crime of transporting drugs, lawmakers from the intention of view, is expected tobe more comprehensive law enforcement to exert their subjective initiative, combined withthe actual case, the actual life of many types of effective treatment of drug crime. But fromthe actual results of view, did not obtain ideal effect. Because the drug transport is verycomplicated, and diversification, concise description of the crime and judicial interpretationabout all let the crime of transporting drugs more ambiguous. Due to the lag of legislation,the relevant theoretical research in the specific practice guidance to define drug transportcrime, its difficulty is big, plus the domestic field of law for the study of the crime is lacking,there is a big controversy. Therefore, to study the crime, have very important research value.The theory is in the service of the practice, but in the process of judicial practice at home,for the transport of drugs illegal personnel can not be treated equally, there are somedifferences in different areas of the applicable standard of conviction; the nature of the case issame, but, because of the use of the theory on the basis of differences, the final verdict by acourt diameter, in the criminal law and justice to reflect. This article from the judicialdetermination of the crime of transporting drugs in hand, in the first chapter discusses theconcept of drug transport crime and constitution; the second part is about the recognition thatthe subjective factors of drug transport crime, the author thinks that should be combined withsubjective and objective criteria to judge the "knowing", not only to analyze the cognitivelevel of behavior people in itself, but also on the specific situation when cases are analyzed;the third chapter discusses the common crime of the crime of transporting drugs, respectivelyon the drug transport crime constitutes the crime of transporting drugs accomplice,cognizance and penalty were discussed; discusses the determination of crime of drugtransport crime two aspects fourth chapter from the standard of accomplishment of crime oftransporting drugs, the crime of transporting drugs and practice division, the author thinksthat need to be drug flow and execution as judge the crime of transporting drugs is hencemeasure. Among them, the drugs from the static state, such as being illegal hold, harboring into motion state is the illegal transport. This article through carries on the discussion to thesefour aspects, effectively has solved several problems about the crime of drug transport hasbeen difficult to solve, this fight against drug crime arrogance, has theoretical significanceand practical value of reaching perfection of our legal system.