Reseaech On The Crime Of Transporting Drugs

Since the reform and opening up drugs and drug crimes gradually become a great public hazard of Chinese society.The Party and the government have enacted various laws and regulations to deal with them,including the drug laws of the People’s Republic of China,the criminal law of the People’s Republic of China,the criminal procedure law of the People’s Republic of China.When we examine this kind of crimes,particularly transporting drug crimes,which belong to the circulation of the crimes,it is not only a legal problem,but also an understanding of the problem.Therefore,when we study such crimes,we should expand our horizons to comprehensively investigate the crime of drug trafficking.The paper contains four chapters.Chapter one combs through the history of the drug problems.With the development of science and technology and transportation,opium,cocaine and other drugs,not defined as illegal drugs before modern times,gradually become drugs and a public nuisance of society.This public hazard is not only caused by the fact that it is an object or commodity itself,but that traffic development contributing to transporting drugs makes it a world phenomenon.Then,when it is regarded as a drug,the criminal law strictly regulates it and imposes harsh punishment on the accused.In short,we believe that transportation(drug)in modern times is as serious as manufacturing(production),trafficking and smuggling drugs,and thus is treated equally with other illegal activities related to drugs in judicial practice.Therefore,it is necessary to study transporting drugs charges alone.Based on the relevant documentations and judicial practices in China,this paper applies case analysis method,legal text analysis and historical research method to carry out deep analysis on the crime of transporting drugs.Chapter two deals with the ways of transporting drugs.Through carding the crime constitution theory of drug trafficking,we find that the most essential part of the crime should be the transportation(drug)behavior.Therefore,by analyzing the existing related legal documents,we define the basic connotation of transportation behavior in drug crimes;and according to evolution of the legal texts(the current Penal Code and a series of judicial interpretations),we examine the scope and boundaries of transport behavior in drug transport;and a comparative analysis is made on the status of the legislation in the outside and parts of the region;And transportation of drugs is not just an act of shifting drugs from one place to another;and according to judicial practices and criminal policies,in some situations a kind of behavior can be defined as another,that is,the illegal possession of drugs under the care of criminal policy can be classified as transporting drugs.Therefore,transportation in the crime of transporting drugs has the characteristics of openness and richness,besides the basic behavior(that is the transport behavior of "naturalness"),under the national criminal policies,the scope of the transport behavior can be expanded or narrowed.Chapter three Focuses on analyzing three typical cases.In this chapter,we select three typical cases(one is the conviction is controversial,whether it is illegal possession or the crime of transporting drugs,and the other two are related to the issue of sentencing for drug trafficking.)to investigate the various understanding and comprehension of transportation in the crime of transporting drugs by the judges in judicial practices add application of death penalty in the crime,and then reveals inherent subtle differences between transporting drugs and smuggling,trafficking and producing drugs.Chapter four examines the sentencing of transporting drugs.After more than 30 years development,the crime of transporting drugs has been rather sophisticated in terms of sentencing: except deportation,all other punishments are well represented in this crime.According to the judicial practices,the application of various punishments in the crime is not uniform,specifically,the probability of a sentence of control and criminal detention is very small,and the frequency of imprisonment for more than seven years and life imprisonment is very high,and the frequency of the death penalty is not low.Based on the above analysis,we raise the question of capital punishment for transportation crimes.Considering the inherent differences between drug transporting drugs and other drug crimes and the international trend of abolishing the death penalty,we can take the following into consideration in transporting drug crimes.First,at the national level,the Supreme Court level does not abolish the death penalty in the crime of transporting drugs;second,the high court of the local provinces shall,in accordance with the epidemic situation of drug abuse in their respective jurisdictions,lead to the application of the death penalty in the jurisdiction.Namely,The death sentence should not be applied if conditions permit,and the application of the death sentence should be restricted if conditions are not permitted.But all of these have a precondition that judges can judge them in an independent context.