Qualitative Study On Drug Control Delivery Behavior

Whether or not the drug crime committed under the condition of " controlled delivery " constitutes a crime and how to identify the criminal form is a controversial issue.On the one hand,judicial practice department " naturally " to identify it as a crime,and is accomplished form.On the other hand,the relevant research of theorists is not deep enough to provide clear and accurate guidance for the judicial practice department.This problem deserves further in-depth and meticulous study." controlled delivery " is the investigative measures of the investigative organs,this article is to discuss the criminal law of drug offenders under the implementation of controlled delivery measures by the investigative organs..In addition to the introduction and conclusion,this article is divided into four parts.The first part discusses the basic concept of drug delivery control.Through the " controlled delivery " of the international conventions related to the concept of extraterritorial national laws and regulations and domestic theory of the relevant understanding of the analysis.Behavior.The second part analyzes the basic characteristics and theoretical classification of drug-controlled delivery behavior.Through the case,we can see that there are many kinds of practice patterns to control delivery behavior.Through the analysis of its correlation with the enticement investigation and the police trap,we can see its basic characteristics.The control delivery is a kind of complicated investigation measure,and the delivery behavior of the actor is influenced by the investigating organ in different degree subjectively.Control delivery behavior can be divided into pure control delivery behavior and non-pure control delivery behavior.The third part is the conviction of drug delivery control behavior analysis.That is,both the state control of drug control and public health as a social organism.According to the principle of the unity of subjective and objective,the conviction of behavior should not only define whether the actor has committed the crime objectively,but also define whether the actor has the intention of committing crime subjectively.Pure control delivery behavior fully conforms to the constitutive requirements of crime,constitutes a crime.The perpetrator has actively carried out the drug delivery act and shall constitute a crime;under special circumstances,when the investigative organ adopts excessive enticement means to completely influence the actor's free will choice,and under the condition of " double enticement,"The fourth part of the drug control delivery behavior of criminal forms identified.First of all,the various doctrines of criminal forms are reviewed,and the theory of legal interest infringement is more reasonable.Secondly,this paper expounds and demonstrates the point of view,that is,based on the theory of legal interest infringement,discusses the pure controlled delivery and non-pure controlled delivery of drug delivery in the perpetrator of a variety of intersectionthe criminal form of paying behavior.In the measure of controlled delivery,the behavior of the actor is under the control of the investigation organ,although the behavior has been completed in form,but the drug has been legally controlled and can not flow into the illegal marketthe social harmfulness corresponding to its behavior can not be generated,so it can only be regarded as attempted.If the delivery behavior of the actor in special circumstances can be substantially completed,the control of delivery measures fail,the drug into society,it should be recognized as accomplished.