Drug Trafficking Crime Accomplished Andattempted Form Research

In judicial practice,though strict formulation of drug trafficking is made in the criminal law and relative law explanations,crime forms like accomplished offence and aborted offence in drug trafficking are yet to be explicitly defined.Controversies still exist about the accomplished offence and aborted offence during theory and practice,which leads to difficulties to define the crime status of accomplished or aborted offence in drug trafficking in some specific cases.Therefore,for instructing the conviction and measurement correctly in drug trafficking cases,it is of great significance to study and define carefully the crime form of accomplished or aborted offence in drug trafficking.This essay analyses the three main ideas about accomplished or aborted offence in drug trafficking respectively.On the basis of analyzing relevant theories,evaluating the protection purpose of the law against drug trafficking and determining the subjective and objective components of drug trafficking,it tries to make a definition of accomplished or aborted offence of the crime and its special forms through the essence of this crime,aiming to help with the judicial practices.Part one is the preface.This part states the cause,significance,current research and research methods of this matter,and foreshadows the following researches.Part two states the practical confuse of defining accomplished or aborted offence of drug trafficking.The part casts out controversial ideas in drug trafficking judicial practices with cases,and then analyses the three main-stream ideas in judicial practices from the border of criminal laws and criminal policies and the basic principles of law definition of crimes.This essay also tries to analyze the cause of the controversy between accomplished or aborted offence of drug trafficking from the definition controversy of the crime and the diversity of its features.Part three is the controversy of the theory of defining the forms of drug trafficking.This part first introduces the relevant theories of defining the forms of the crime,and then states in detail the standards of the forms in our country.In the criminal law theory field of our country,we have several theories about it:contract accomplishing theory,practical delivery theory,and drug-in-exchange theory.This essay describes the features of the three theories,and explanations the reason why the author agrees with the drug-in-exchange theory with cases,and the advantages of this theory over the other two.Part four is the law benefit controversy of drug trafficking and core component.This part first evaluates the law benefit controversy,and declares that the law benefit should be“public health".Then,the essay focuses on subject component and object component,defining the two points of“awareness”and“seeking for benefit”and then describing the traditional and new forms of trading and drug trafficking.Part five is the judicial determination of the accomplished or aborted offence of drug trafficking.This part analyzes the necessary components of defining the forms,and explains the judicial determination in special cases,such as fake drug,incompletion for out-of-awareness cause,determination under special police interference.