Judicial Determination Of The Crime Of Transporting Drugs

Acording to the criminal law of the drug transport refers to the act of knowingis the drug, still carrying, mailing, applicable to take others or transport methodsfrom one place to another illegal drug transport behavior. The drug transport crimeoccupies certain proportion in judicial practice in China, and most controversialissues at the same time, it exists in all drug-related criminal cases. According toChina’s criminal law, a drug transport behavior, may be because the number of thesubjective purpose of the perpetrator’s identity and drug subject, human behavior isdifferent and may set up different drug crimes, the particular case may not constitutea crime. In fact, from the criminal law sense, the word "transportation", it not onlyrefers to the mobile space physics positions literally, in criminal law theory andjudicial practice, there is no consensus on the definition of "transportation", inspecific situation, some scholars and judicial staff and even "dynamic hold" replacethe word "transportation". In this case, because the understanding of standards,resulting in the judicial practice of different drug transportation crime sentenced toco phenomenon occurs, which is not conducive to the maintenance of legal certaintyand authority, sticking to the principle of legality has caused a great impact.Therefore, the surface problem of applicable law on drug transport crime looks verysimple, which are hidden behind the different laws and criminal law interpretationviews again. This paper intends to around two real drug transportation crime cases,discusses on such cases and the application of the law position of criminal lawinterpretation, in order to meet this kind of cases in judicial practice again in thefuture, only in the full consideration of the purpose and value of criminal law basedon the principle of suiting punishment to for guidance, the subjective purpose andthe subject identity and social harmfulness of specific facts in the case of integratedhuman behavior,"reason" interpretation of criminal law, determine the true meaningof the provisions of the criminal law contains, thereby maximizing the realization ofcriminal law value pursue.