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Research On The Accomplished Form Of Drug Trafficking Crime

Posted on:2020-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:H YuanFull Text:PDF
GTID:2416330572480168Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Due to the unique historical reasons of the Opium War and the proliferation of drugs in China after the reform and opening up,the people have always taken a deep hateful attitude towards drugs.Moreover,the crime of drug trafficking is the most important link in drug crimes.China has always adopted the crime of drug trafficking.The criminal policy of "strike hard" is to identify the criteria for drug trafficking,because the criminal law and related judicial interpretations do not clarify the standards of drug trafficking,so the drug trafficking standards recognized in judicial practice are too broad.Many of the acts that were only criminal preparations or attempted crimes were identified as the culprits for the crime of drug trafficking.In this paper,through the research,the author negates the common sayings such as“purchasing” or “transfer” drugs,the conclusion of the sale and purchase contract,the entry into the transaction link,the holding of the slogan,and the practice.The application of the criminal policy of "strike hard" drug crimes has refuted the crime of cracking down on drug trafficking.The standard of judging the crime of drug trafficking should be based on the general theory of criminal law,combined with the theory of crime and the crime of crime.The crime of drugs is based on the essence of abstract dangerous crimes in which public health is the protection of legal interests.It is proposed that the actual delivery of drugs should be the standard for determining the accomplice.Finally,the author makes an analysis and discussion on how to determine the standard of drug trafficking in different situations in practice,so as to achieve the practice of drug trafficking should be based on the actual delivery of drugs as the standard.
Keywords/Search Tags:Drug Trafficking Crime, Accomplished Form, Actual Delivery, Abstract Dangerous Crime, Public Health
PDF Full Text Request
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