Research Of Unwittingly Trafficking Fake Drug

Recently the coastal and the border areas of our country has been influenced by drug crime for a long time,including trafficking fake drug unwittingly.According to our country's general theory of criminal law and juridical practice,this kind of cases is defined as(attempted)drug offence.But due to the invalidation of related judicial interpretation and the deficiency of specific explanations and regulations in this kind of cases,the cognizance and treatment of the general theory and judicial practice are lack of evidences.In the absence of explicit definition,regarding unwittingly trafficking fake drug as an attempted crime by judicial practice is against the principles such as crime conviction according to law and balance between crime and punishment.In addition,the rationality of general theory is controversial.In comparison of the different methods and perspectives,analyzing the behavior of unwittingly trafficking fake drug can offer some references to this kind of cases,differentiate between the incapable crime and attempted crime in the aspect of theoretical study,in addition,offer some references to improve legislation of the incapable crime cases.In the essential aspect of illegality,the theory of violation of legal interests is more reasonable for the protective purpose of our country's criminal law.That is to say,only when the behavior harm or threaten the legal interests should it be identified as crime.Comparing and analyzing the theory of incapable and attempted crime,this thesis illustrates the different situations in the case of unwittingly trafficking fake drug.To identify these situations should be based on analyzing the different possibility of violating legal interests which is caused by these objective facts.In general,the analysis of unwittingly trafficking fake drug should focus on whether the behavior has the real fatalness of violating legal interests objectively.Only in certain special circumstances,when the behavior is really dangerous,it should be identified as attempted crime.However,in the general case,this behavior can only be identified as incapable crime.