The Research On The Accomplished Offense Of Smuggling,Trafficking,Transporting And Manufacturing Of Drugs

Smuggling,trafficking,transporting and manufacturing of drugs is the behavioral crime,has accomplished offense and abortive offense.In the absence of the existing legal and judicial interpretation of the case,we often deal with the crime in accordance with the accomplished form because of the criminal policy of heavy punishment for drug crimes,it will affect the qualitative correctness and rational sentencing.Therefore,we need to make a further analysis of the standard of accomplished form about the crime in order to solve the problem of the determination of the accomplished form and the unaccomplished form in judicial practice.The crime of smuggling,trafficking,transporting and manufacturing drugs is a kind of selective accusation,which should be discussed the criminal behavior about accomplished offense separately based on a uniform standard in order to solve the problem about identifying unaccomplished offense.This unified standard should be established on the basis of crime constitution condition completion,and it should also consider the abstract potential damage of the crime.With the basic standard of smuggling,trafficking,transporting and manufacturing drugs as the research background,this paper analyzes the relevant elements of the crime and the danger types of violating legal interests,and combined with the corresponding standard to identify the accomplished offense of smuggling,trafficking,transporting and manufacturing drugs.In this way,we can know the circumstances of unaccomplished offense of the crime,and make a clear distinction between them.In addition,this article will further study unaccomplished offense of the crime under the controlled delivery and impossibility of offender.