On The Standard To Attempted Or Accomplished Crime Of Drug Trafficking

For a long time,the serious drug crime in our country,including drug trafficking sin is of the most common.Both of the crime of drug trafficking and attempted to distinguish the standard question,China's criminal law scholars have different theories and views,and the judicial practice in our country there are a lot of controversy,worthy of intensive study.Practice real case based on the subject,then from the establishment of the crime with the standard,the crime of drug trafficking in the "selling" the understanding and the understanding of the criminal law "set" in these three aspects to explore and establish the standard of the accomplished and attempted crime of drug trafficking.Full text is divided into four parts,a total of about 20000 words.The first part:the basic situation of the case,including causes disputes,the case introduction,namely for the case exactly as the accomplished or attempted crime of drug trafficking,or just prepare behavior,as well as the focus of debate to the case.The second part:the legal analysis of the related problems.This part mainly discusses the three problems,one is the standard crime accomplishment,2 it is drug trafficking crime attempted standard both theory and practice,three is the behavior of drug trafficking.First of all,on the issue of the standard crime accomplishment,the author thinks that we should adhere to the law profit violation said as the standard,the crime accomplishment of crime with one who is content of the general provisions of the criminal law,drug trafficking,is specified in the specific provisions of criminal law crimes by criminal law general at the head of the principle,the specific provisions of criminal law in comparison with problem in the crime of drug trafficking,shall mount profit violation said as the foothold;Second,about the crime of drug trafficking attempted standard both theory and practice,mainly involved in the criminal law theory related to drug trafficking crime attempted standard both in the theoretical circle and judicial practice in the standard of comparison with the crime of drug trafficking and some problems;Finally,the qualitative problem about behavior of drug trafficking,mainly related to drug trafficking crime law,the interpretation of the "sell","to" understanding of the three aspects.The third part:the analysis and conclusion of this article for cases.The third part of the analysis of the case is based on the first part of introduction and controversy.From qualitative behavior,from the case of the behavior of drug trafficking crime law caused immediate danger,the actor has set about behavior of the case,the case of actor in selling behavior,three aspects can be concluded that in this case the offender should constitute the crime of drug trafficking;Say from already attempted,due to the offender for the purpose of selling drugs to others in the process of buying drugs illegally red-handed by the public security organs,so according to the drug delivery point of view,the violator shall constitute attempted crime of drug trafficking to the case.The fourth part:the case study of related issues.This part mainly discusses the two problems,one is because of the trading object or market price change without drug delivery behavior qualitative,2 it is the secret of the lured crime qualitative problem.In both cases is common in the crime of drug trafficking,and its qualitative controversial in the form of crime.The author start from law said profit violation,the offender behavior and analyzes the qualitative problem selling behavior,etc.