Study On Relevant Issues Of The Crime Of Transporting Drugs

Drug crime is the focus of the country to combat the crime area,but also the theory has always been one of the issues of concern.But the transport of drugs is a series of drug trafficking in the process of intermediate links,the nature of the behavior itself is closer to a help behavior,in the transport of drugs on the judicial application often have a lot of confusion,which,the judiciary have introduced a series of legal documents that regulate the crime of transporting drugs,explain and clarify the relevant issues,but this does not fundamentally solve the problem,and even some of the guidance in the documents from the criminal law theory may not be reasonable.Based on this,this article based on the theory of criminal law,combined with the status of judicial practice,to carry out research on the problem of drug trafficking crime.In addition to the introduction and conclusion of this article,the paper is divided into three parts.Part 1: Qualitative problem of transporting drugs.It should be based on the content of subjective and objective aspects,which is considered as a natural person or unit with a criminal responsibility at least 16 years of age and only for the purpose of transporting drugs,carrying,mailing,by others or by transportation,within the territory of China the same tariff area will be transported to another drug which acts.On this basis,to accurately distinguish between the crime of transporting drugs and the crime of illegal possession of drugs,as well as the accomplice of the transport of drug trafficking charges.In addition,the judicial documents on the transport of "purchasing" drug behavior of the qualitative provisions inconsistent,it is necessary to conduct a rational discussion.Part 2: Accession criteria for the crime of transporting drugs.In the judicial practice,the standard of the conduct of transport of drugs is not only to avoid the attitude of the avoidance of attitude,that is,usually only to confirm whether the behavior of the perpetrator constitutes a crime of transporting drugs,not the form ofits attempted to distinguish clearly,only in the behavior Person or his or her defender to submit a relevant opinion.The relevant laws and regulations and normative documents on this issue is not clearly defined.Therefore,in order to accurately punish the suspect or the defendant,it is necessary to study the criteria for its failure,and which criteria to use as a standard for the crime of transporting drugs,need to analysis the meaning of transport drugs from the object of crime and "transport".Part 3: The issue of sentencing of the crime of transporting drugs.Through the analysis of the sentencing situation of the crime of transporting drugs,whether the crime of transporting drugs should be applied to the death penalty,as well as the crime of transporting the crime of special sentencing circumstances in the investigation,the "criminal induced type" of the temptation to investigate and the "opportunity to provide" seduction is justified.How to send sentence and other issues.Only by effectively solving these controversial issues can we ensure that the defendant’s right to life is not unduly deprived in order to truly embody the principles of suiting punishment.