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The Identification Of Accomplished And Attempted Drug Delivery Crime Under Control

Posted on:2020-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2416330572486771Subject:Law and law
Abstract/Summary:PDF Full Text Request
Controlled delivery is an effective measure to detect drug crimes,especially organized drug crimes across provinces and borders.For the application of this measure,people tend to pay more attention to the setting of the procedure to ensure its legitimacy,and seldom study the crime form of the criminal suspect,that is,the problem of accomplished crime and attempted crime.In the case of using controlled delivery to solve drug crimes,the factors influencing the accomplished crime should include the type of accomplished crime,the criminal constitution of drug crimes and controlled delivery.The accomplished type of crime has been discussed for a long time as the standard affecting the accomplished crime.In the drug crime,there are two views: the complete constitution and the doctrine of legal interest infringement.The doctrine of legal interest infringement embodies the purpose of criminal law and grasps the essence of crime.Drug crime is a kind of crime,in the constitution of crime,the qualitative of its behavior is the fundamental factor affecting accomplished and attempted,as the standard of accomplishment of drug crime as the behavior of the perpetrator to implement the related drug crime behavior,do not need to appear specific harm results.Whether controlled delivery is a factor affecting its completion and attempt is rarely discussed in academic and practical circles.However,the practice of controlled delivery prevents crime from being committed,isolates the public health risks posed by drugs,and in evaluating the criminal pattern,the punishment of criminal suspects should be reduced.Especially in the circumstances of special circumstances to lure,the actor himself does not commit a subjective crime,the public security organs have the suspicion of enticing the crime,even in order to find out the crime,capture the criminal personnel,should not be established crime accomplished.Moreover,in the context of delivery under harmless control,there is virtually no risk of the drug entering society,nor is there a risk of legal interest infringement,and an attempted crime should be established.
Keywords/Search Tags:drug crime, controlled delivery, attempted, legal interest infringement, behavior, special intervention
PDF Full Text Request
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