| May 2015, the Supreme People's Court issued the "national drug court criminal trial work of the Forum meeting minutes", also referred to as "Wuhan conference summary" clearly stipulates:"seized in the transport process of drug addicts, there is no evidence that it is to implementation of drug trafficking and other crimes, the quantity of drugs to larger than, to drug trafficking conviction and punishment". The minutes of the meeting have no legal effect, but the direct guidance of the judicial practice, the defendant has direct influence on the conviction and sentencing. At present, our country of drug transporters drugs act judicial qualitative research, the legal basis of stay before the introduction of the Wuhan conference summary ", is more in 2008 introduced the" Dalian meeting minutes, combined with relevant criminal laws and regulations were studied in this paper. This paper attempts to explore the subjective purpose of drug trafficking behavior, the infringement of legal interests and so on, so as to reveal the current judicial practice of the crime applicable to the crime of drug trafficking is not reasonable. And tries to from the perspective of interpretation and application of existing law on drug transport drugs behavior reasonable judicial qualitative analysis method that should be how many of the number of grams of the behavior qualitative for illegal possession of drugs crime to drug transport crime, to reflect the crime punishment to adapt the principle. Also in our country gradually tend to severe punishment of drug-related crimes of the criminal policy of drug crime in the areas of prevention, deterrence, combat effectiveness value is worthy of study of rough. |
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