An Analysis Of The Crime Of Transporting Drugs And Illegally Holding Drugs

With the rapid development of the current social economy,the crime form is becoming more and more complicated,and the drug case has become a common type of multiple crime in judicial practice.According to the provisions of our criminal law,a drug crime behavior,because of the subjective purpose of the perpetrator,the main factors,the number of drugs or behavior of different forms of different drugs.In the judicial practice,the accurate distinction between the crime of transporting drugs and the crime of illegal possession of drugs,still belong to the crime of crime identified the focus of the problem,to promote our criminal law on the further improvement of the provisions of drug crime and criminal justice is more significant significance.This paper is divided into four parts.The first part is an overview of the crime of transporting drugs.The author first analyzes the concept of the crime of transporting drugs under different viewpoints of criminal law,briefly analyzes and evaluates the viewpoints and concretely sums up the concept of the crime of transporting drugs.On this basis,the author briefly describes the current legislation,And further elaborated on the reasons for the crime of not taking off the crime of transporting drugs;and the crime of transporting drugs on the suspension of the form,the author through the "arrived at the destination and then" and "said the departure of the two theories," the expression of the author's view.Part II,an overview of the crime of illegal possession of drugs.This paper analyzes and summarizes the specific concepts of the crime of illegal possession of drugs,analyzes the legislative development process of the crime of illegal possession of drugs from a historical point of view,and analyzes the purpose of the establishment of this crime by the criminal law legislators,Legislation on this crime;the crime of illegal possession of drugs is a relatively independent type of accomplishment and the author of the crime of illegal possession of drugs is not completed the state of the attempted form.Part III,the distinction between the crime of transporting drugs and the crime of illicit possession of drugs.This part is also the focus of this article,focusing on some cases through the case analysis and from three major aspects:the meaning of "transport"and "holding","dynamic holding" and "transport" Subjective aspects to specifically sum up the distinction between the two criminals.The relationship between "dynamic holding' and "transport" is studied through the narration of context by the meaning of"transport" and "holding" through spatial law,quantity of drugs,behavior and so on.Is the drug "knowingly",the subjective aspects of the crime of intentional research and even if the perpetrators do not recognize "knowing" in the case of subjective identification of the various ways.The fourth part deals with other questions about the two crimes.First,the use of drugs in the case of drug users,through the "minutes" to analyze the different circumstances of different counts of identification,but also distinguish between the crime of transporting drugs and illegal possession of drugs an important aspect of crime;the second is about illegal possession of drugs and It is necessary to clarify the definition of the remaining drugs in the drug addicts.Thirdly,the development of the logistics and express delivery industry has been advancing by leaps and bounds.The drug traffickers have made use of mail and express delivery.Receive,transfer,delivery of drugs more and more behavior,for the collection of responsibility should be taken seriously.Finally,there is a lack of legislation on the crime of transporting drugs and illicit possession of drugs,as well as some recommendations,with a view to making some modest contribution to better crime management and combating crime.