Research On The Crime Of Complicity In Drug Trafficking

From the time when Lin Zexu was burning opiums at Humen Beach,the Chinese nation began fighting for more than one hundred years.In recent years,under the background of globalization and the rapid development of the economy,the drug problem has become the most concerned social issue.The transport of drug crimes has shown a trend of rapid development in our country,and its social harm is also growing.Whether it is based on historical or practical factor,drug policy consistently adheres to the national will and its crackdown on drugs has also been continuously strengthened.Due to the increasingly obvious characteristics of the regionality,concealment,collectivization,and drug consumption markets of drug production and drug trafficking,it is determined that the transportation of drugs will inevitably become a necessary link connecting production and consumption.Drug trafficking crime itself also has many disputes in theory and judicial practice.This article aims to provide an in-depth analysis of the crime of drug trafficking to clarify the understanding of the crime of drug trafficking and hopes to provide some guidance on the judicial application of drug trafficking.This article consists of three parts.The first section outlines the components of a joint drug trafficking crime.Focuses on the subjective and objective common criminal behavior of the joint crime of transporting drugs.In the subjective aspect of crimes,the common offenders who transport drug crimes need to have common intentions,and intentional form can be expressed as indirect intentional.There are many presumptions of subjective knowledge injudicial practice.Such presumptions need to be strictly limited.The drug trafficking co-criminality mainly discusses the connotation and extension of drug trafficking behavior,and the behaviors that constitute the joint crime of drug trafficking can include inaction.Finally,it specifically analyzes several types of joint drug trafficking crimes.The second part is the distinction between the principal and the offender who transports drug offenders.First of all,it analyzes the necessity of distinguishing and identifying the principal and the offender,and then separately discusses the issue of distinguishing the main offender and the offender from the common crime of drugs in the case of drug crimes and criminal groups.In the process of identifying the principal and accessory criminals involved in the transportation of drug co-criminals,the following issues are worthy of attention:The identification of the principal and the offender when some of the common offenders did not arrive at the case,the identification of the principal offender who was instructed and employed by others to transport drugs,and the secondary issue of the offender.The distinction between committing guilty and helping criminals.The third part is the application of the death penalty for the joint crime of transporting drugs.First introduced the current legislative provisions for the transport of drug crimes in China and the status of the application of the death penalty.Secondly,it is discussed that different common criminals should be treated differently in joint crimes and sentenced separately.Only the principal offenders are sentenced to death,different principal offenders have different sentencing penalties,and the sentencing standards of the masters and offenders in different cases cannot be generalized.Finally,China must adhere to the criminal policy of combining leniency with strictness and limit the application of the death penalty in the transport of drug crimes until the abolition of the death penalty.