The Penalty For The Crime Of Drug Trafficking On The Determination Of Treatment

In the complex form of drug crimes, the drug-related crime is a common when the crime of drug trafficking. However, in the legislative and judicial practice, because of the complexity of the crime of drug trafficking, the law itself is not perfect and the understanding of conflict and the l egal principle theory of law is not uniform and local judicial standards, to a certain extent, affect the accuracy and fairness hearing cases. Although the drug crime introduced some judicial interpretation and the minutes of the meeting, but the drug trafficking crime subjective knowing how to define “ trafficking ” behavior, how to define, intermediary introduction of drug trading behavior is always is the crime of drug trafficking, the crime and non crime boundary and the crime of transporting drugs and th e difference is still a lack of unified understanding. In the judicial practice is the emergence of a lot of problems. How to correctly handle these problems, related to the effective protection of human rights, not only in relation to the function of pena lty punishment and education can be realized, but also related to the construction of harmonious development of society, the state law the goal can be achieved through the criminal trial.In this paper, from a typical case of drug trafficking, drug crime o n some controversial behavior, the purpose is to make the judicial practice, especially the judicial activities of some inspiration, hope the legal workers profound understanding of law, so as to realize the principle of suiting punishment to crime of drug crime.This paper is a case of the thesis, the author mainly divided into three parts. The first part is the case introduction, including the introduction of the basic facts, the trial results and the focus of controversy. The second part is the analysis of judicial cognizance of the crime of drug trafficking problem. Mainly discusses the following aspects, firstly, the objective aspect of the identification of the subjective aspect of the crime of drug trafficking to the crime of drug trafficking that fol lowed from the intermediary that “ drug transaction to qualitative to keep traders suck behavior ”, the final analysis of the crime of drug trafficking of accomplished and attempted form of the crime, and the defendant secret seduction zero confession, only the accomplice confession can be directly identified as the crime of drug trafficking. The third part is to analyze the case about the crime of drug trafficking in the application of criminal law. From the crime of drug trafficking and the product purity of poisoning, and then to the competing issues of drug trafficking crime recidivism and again, finally discusses the application of the death penalty of the crime of drug trafficking.