The Study Of Three Applied Problems About Drug-related Crimes

In judicial practice, there are many controversies about drug crimes in the application of the law. Although the Supreme Court issued a "national courts part seminar on drug-related crimes" in 2008(hereinafter referred to as "Dalian Minutes"), obtained a consensus on the drug cases specific application of the law, and become one of the main basis for handling drug cases judicial practice department, but "Dalian minutes" is not the law, whether as a legal basis to decide cases debatable. Meanwhile, the minutes of drug-related crimes in qualitative, quantitative regulations, consummated, attempted, recidivism is also controversial. So I select the "Ran Moumou trafficking, transporting narcotics," the analysis of the relevant issues in order to provide a little help for the judicial practice.In addition to the introduction, the paper is divided into six parts, about seventeen thousand words.The first part is the case. Brief Ran Moumou trafficking and transporting drugs cases: Liu Moumou was arrangemented under the public security organs to Ran Moumou links to buy drugs, in the evening,Ran went to Liu Moumou ’s qesidence,and trafficked 200 grams of methamphetamine and 50 stars Magu. Ran Moumou was arrested by public security organs after the Transaction,and seized 8.15 grams of Ma gu from Liu. Meanwhile, Ran Moumou was sentenced to over punishment two years ago due to the Drug trafficking.The second part is the case point of contention. The case around the " dose a Lure of crime between the public security organs and Ran Moumou ", "dose the Ma gu from Ran Moumou include in the number of crimes", "apply for Ran Moumou whether recidivism, drug recidivism clause" in three areas generate controversy.The third part is the differences of opinion. Parties to the dispute to explain their point of contention surrounding the case and the reasons. The Counsel hold that the case shall be deemed to Lure of crime, so Ran Moumou who was seized drugs should not be counted trafficking and transporting drugs, the number should not also apply to recidivism.The Procuratorate and the court held that the present case there is no Lure of crime,Ma gu from Ran Moumou seized should be included in its trafficking and transporting drugs.The fourth part is the theoretical analysis. This is the main part of this article, for the " Lure of crime’s definition and legal consequences", " drugs are seized should be included in the number of drug trafficking," "Can the recidivist and criminal term can apply at the same time " are in-depth analysis in this part.The fifth part is the conclusions. Through the use of analysis conclusion part, finds in this case, the public security organs of the acts constituting for Ran Moumou is the lume of lure and not constitute a crime; The Ma gu seized from Ran Moumou body should not count against their ancient trafficking and transporting,so,not be criminalized; If Ran Moumou guilty, only applies to criminal law provisions.Part Viis the case studies revelation. I believe that the lure of crime’s constituent elements constitute and whether for a crime should be determined by law; The drugs seized from drug traffickers can be included in the crime should be definited by judicial interpretation to further define; recidivism, drug recidivism should be definited by the law.