The Legislative Improvement Of Smuggling?trafficking? Transporting And Manufacturing Of Drugs

Drug crime is harm to people's physical and mental health, and it is impair the social order,also, it hinders the normal management order of countries (regions). Therefore our country has always been adhering to the "strike hard" principle about drug-related crime, and always maintain a high pressure situation. The crime of smuggling, trafficking, transporting and manufacturing drugs, provisioned in the Article 347 of the Criminal Code,is not only the most common drug-related crime in the practice of criminal justice, but also endanger the development of the society. This article is of high frequency in the use of practice, But there is a serious deficiencies in the article of legislation, which leads to a lot of problems in the application of judicial practice, and impedes the implementation of the drug control situation seriously in our country. Therefore, legislating this law carefully, finding the appropriate scheme of improvement is very necessary.The full article is about Thirty thousand words, except of the introduction and conclusion, this article consists of four parts:The first part is an overview of Chinese mainland's legislative process of smuggling, trafficking, transporting and manufacturing of drugs. Analysis the legislative background of this crime by the way of historical, to better grasp the spirit of the legislation of criminal law. The legislation development of this crime in our country can be divided into three periods: the first is the legislative provisions before the criminal law of 1979 is made,from the founding of new China; The followed is from the made of 1979's criminal law to the time before the 1997 revision of criminal law for this crime legislation and legislative supplementary. Finally, the period is from the criminal law of 1997 to present legislation for the crime of the modification. The legislative process is according to the needs of the development of our country for decades to deal with this crime and from rough simple to relatively detailed comprehensive legislative process.The second part is the legislation investigation of smuggling, trafficking, transporting and manufacturing drugs crime on extraterritorial. The choose has certain typically of Taiwan and Hong Kong, the United States, Japan, Britain and France and other. Through the Provide a reasonable reference for further improving Chinese mainland's legislation about this crime, by the way of investigating of extraterritorial legislation, analysising the situation of extraterritorial legislation.The third part is the analysis of the existing problems in our country of smuggling, trafficking, transporting and manufacturing of drugs and the problem of judicial application. The problem mainly elaborated from two aspects: The first is the crime description defects. Mainly for the crime threshold is not appropriate; the provisions for the selective charges is not appropriate; Second is penalties defect. It has the following problems: The social harm of the four kinds of behavior is different, but the legal punishment is the same; Heroin and methamphetamine harmfulness is different, but the legal punishment is the same; Legislation mode using only the number theory and the number of provisions are rigid: Misdemeanor penalty is heavy, and the discretionary space is big; Felony space of legal punishment is too narrow; The set of property punishment lacks reference standards.The fourth part is mainly aimed at the problems pointed out in the third part, and references the overseas legislative to put forward the suggestions for improving Chinese mainland's legislation. First, Smuggling, trafficking, transporting and manufacturing drugs crime behavior should be decomposited, implementation of charges and adjust the order. Second, In penalties, the legal punishment of smuggling, drug manufacturers should stricter than the crime of drug trafficking, and the legal punishment of drug trafficking crime should stricter the crime of transporting drugs; For the conversion ratio of heroin and methamphetamine, the suggestion ratio is 1.5 to 1; Legislation on crime and legal punishment. The suggestion mode is �the number of general +plot(consequences) ", for the quantity of drugs, use the " big huge number "and" huge number "and" large number "for general;Light crime legal punishment, the suggestion is the implementation of the leniency of criminal policy, reducing the penalty points, include on the quantity of drug control; In the cases which the quantity of drugs is less than 0.5 grams, criminal detention should be the first, and further refine the sentencing standards for crime; The legal punishment, there should be more detailed provisions of the sentencing range instead of 15 years imprisonment, life imprisonment and death penalty in a the sentencing range,and it should be more reasonable set for the property punishment.