Transport Drug Crimes Legislation Mode Criticism And Reconstruction

In today’s society,the drug-related crime situation is more and more serious,which not only violates the social order,but also threatens social security,and links closely with a series of other crimes.From the statistics of the police,the crimes of drug transportation occupy an absolute proportion in the entire drug crime cases and the proportion rises gradually in recent years.Because of the diversification of the drug transportation subject,the diversification of the transport means,the tightness and concealment of the organization system,it is very difficult for the judicial authority to crack down on the crimes of transporting drugs.However,from the existing theoretical research,the research on the crime of transporting drugs is few,and the detailed analysis of the crime of transporting drugs from the perspective of the legislative mode is fewer and controversial,so it is lack of theoretical guidance in the ways of how to effectively combat with drug transportation crime in the judicial practice.According to the above theory and practice,the author will start from the crime of transporting drugs in legislative pattern,analyze the behavior characteristics,social harmfulness and the distinction of similar charges,and then propose the suggestions about reconstruction of the legislative mode of transporting drug crimes,in order to solve the theoretical controversy and practical confusion.The first section: the theoretical controversy in legislative mode.In this part,the author starts from the background of criminal development,legislation and criminal policy,gives specific analysis and discussion of various reasons about why the legislative mode of transporting drug crimes is controversial,in case that it is better to discuss the main controversies on the legislation mode of the crime of transporting drugs in current theoretical circles.The proposal of maintaining the existing status is that making punishment on drug transport behavior according to the 347 th article of the criminal law.The proposal of concealing the crime of transporting drugs is that some scholars believe that drug transporting behavior can be absorbed by 347 th article of the criminal law or the crime of illegal possession of drugs.The proposal of setting punishment alone is that according to the particularity of drug transport behavior and the actual needs of cracking down the crime of transporting drug,it should set specific legal punishment to the crime of transporting drug.This section describes the main contents of three different proposals.The second section: the theoretical criticism of " theory of maintaining the status " and "canceling theory".In this part,the author will jump out of the specific legal provisions,research the two proposals in the perspective of general provisions of criminal law,and analyze the differences of drug transporting crime with similar charges carefully in the perspective of specific provisions of criminal law.The theory of maintaining the status is mainly considered based on the principle of suiting punishment that there are some defects in the existing legislation mode about dealing with the act of transporting drugs.The particularity of drug transport behavior is neglected,on the other hand,applying the same legal punishment to the transport behavior and drug smuggling,drug trafficking and manufacturing is easy to appear the phenomenon that the crime,responsibility and punishment do not adapt,which even cause the risk of heavy sentencing.Comparing the crime of drug smuggling,manufacturing,drug trafficking and crime of illegal possession of drugs with transporting drug,there is a big difference between the crime of transporting drugs and the two kinds of similar charges,and it cannot simply be absorbed.The canceling theory is lack of theory supporting.The third section: the theoretical analysis of setting crime of transporting drugs alone.In this part,the author concludes from the above part and summarizes the insufficient part of " theory of maintaining the status " and "canceling theory",then proposes that it is quite necessary to set crime of transporting drugs alone in order to effectively fight against drug crimes in today’s society,and it is not only in conformity with the basic principle of compatibility of crime,responsibility and penalty,but also can improve and optimize the current accusation system in a certain extent,which turns better to fight against crime,and maintain social stability.The part plays the essential role of which is not only the summary of the above two parts,but also makes the preparation for the reconstruction of the below section.The fourth section: the reconstruction of the legislation mode for the crime of transporting drugs.In this part,the author draws lessons from the legislative idea in the reconstruction of the food safety crime,determines which part the crime of transporting drugs belong to from longitudinal dimensions.The author thinks that the crime of transporting drugs should be set as one of 348 th article in the criminal law,and set alone.At the horizontal angle,the subjective aspect of crime of transporting drugs can only be formed by direct intents and indirect intents,and it should be strictly in accordance with the requirements of the subjective presumption that more suitable for the condition.The objective aspect of the crime needs to clarify the behavior connotation and characteristics of transporting drugs.Several common transport behaviors and their specific ways in the judicial practices are elaborated in this part.It is claimed that the lightening statutory sentence and the abolition of the death penalty should be adopted in the perspective of statutory sentence.It reconstructs the legislative mode of crime of transport drugs through the multi-dimensions,in order to solve the theoretical controversy and practical confusion.