| The crime of drug trafficking,as an important crime in drug crimes,has no unified accomplished standard in judicial practice.In general,based on the state’s policy of cracking down on drug crimes,In practice,the time of completion of the crime of drug trafficking is relatively early,which may result in the criminal suspects in specific cases do not adapt to the crime and punishment,is not conducive to the unity of the punishment of crime and the protection of human rights.Combined with practical cases,the author puts forward the viewpoint that the accomplished accomplishment of the crime of drug trafficking should be based on realistic delivery as the criterion of accomplishment,in order to make suggestions to the judicial practice.The first part of the article is to introduce the accomplished standards of drug trafficking in judicial practice.Firstly,it introduces our country’s criminal policy to deal with drug crimes,and makes a brief explanation on the determination of accomplished standards of drug trafficking crime in practice in combination with specific cases.Through its analysis and comment,the author thinks that the accomplished standard of the crime of drug trafficking in the current stage of practice in the judicial trial violates to a certain extent the principle of legally prescribed punishment for a specified crime,and confuses the concepts of situational policy and criminal law.This leads to the author’s view that the present standard of accomplishment of this crime is too strict.The second part is the introduction of the academic community on the crime of drug trafficking accomplished standards,through four small chapters,including the actual transfer theory,contract theory,possession transfer theory,into the transaction link theory and other four theoretical views were analyzed and commented.The main contents are introduced,and its defects are pointed out.The third part has carried on the construction to the crime of drug trafficking accomplished standard,first has made clear that the accomplished standard in the criminal law should be based on the theory of legal interests infringement,and then introduced the legal interests of the crime of drug trafficking is the national drug management system.And the definition and nature of drug trafficking are analyzed.It is concluded that the crime of drug trafficking only refers to the sale,the crime of trafficking in drugs is the criminal of behavior and the crime of infringing.Finally,the conclusion is drawn through the above analysis.The crime of drug trafficking should take the actual delivery of drugs as the criterion,not require the doer to obtain the actual price or the drug buyer to actually control the drug.The fourth part,based on the conclusion that the crime of drug trafficking is based on the reality of drug delivery,analyzes the special situation of several kinds of drug trafficking in practice.The first section introduces the practice of the use of special investigative techniques to investigate the crime of drug trafficking,the shape of its accomplished impact analysis,Including the accomplished determination of the crime of drug trafficking after the use of controlled delivery and the accomplished determination of the crime of drug trafficking after the use of temptation to investigate the crime.The second section combines with the situation in practice,when the crime of drug trafficking has not reached the accomplished standard,The determination of its stop form A simple analysis was made. |
