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On The Characterization And Sentencing Of Drug Exchange Behavior

Posted on:2020-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ShiFull Text:PDF
GTID:2416330572970574Subject:legal
Abstract/Summary:PDF Full Text Request
As an international crime,drug crime is one of the world's public hazards.Although our country has been cracking down on drug-related criminal activities,the huge profits from drug trafficking have led to increasing drug criminal activity.With the development of the Times,along with the further crackdown on drug crime,drug trafficking skills are also increasing,trafficking methods are moving from the primary hand to pay the direct money of delivery to other relatively hidden mode of trafficking.In order to avoid legal investigation,criminals increasingly breed a variety of new trading methods in the drug trading market,such as the drug interoperability behavior discussed in this paper,drug mutual susceptibility actors in order to achieve the purpose of obtaining the required benefits,while at the same time able to avoid legal accountability to the greatest potential,so that drugs as a medium for exchange with each other.Such an exchange could be an exchange between drugs and drugs,or a exchange of drugs for material benefits such as mobile phones,vehicles,or other non-material interests such as the exchange of drugs for debt and services.However,the current legal provisions on drug trafficking in my country are simpler and,since criminal law and judicial interpretations have not yet clearly defined the nature of such acts,there is more controversy in the doctrine as to the nature of such acts,whether they constitute drug trafficking offences and how the number of drug offences is identified,There are also differences in the conviction and sentencing of such acts in practice,such as whether the drug mutual susceptibility constitutes the crime of drug trafficking,which has a different view on the criminalization of the number of drugs,there is a view of the sentencing of the number of drugs to be handed in,and there is also a determination to calculate the sum of the total amount of drugs returned and surrendered Based on the research and analysis of drug susceptibility behavior,this paper sums up the common categories of drug susceptibility behavior,including the narrow drug mutual behavior and the generalized drug mutual susceptibility behavior,and more clearly defines the trafficking nature of drug mutual susceptibility behavior,in the Criminal Law classification,the crime of drug trafficking is objectively manifested as the transfer of paid illegal circulation,Subjectively,it is not necessary for profit-making purposes.Whether it is a narrow sense of drug mutual behavior or a broad sense of drug mutual behavior,its essence is still a drug as a medium of paid illegal transfer of transactions,in line with the paid nature of trafficking,so drug mutual susceptibility should be identified as drug trafficking crime,sentencing should be in accordance with the principle of humility of criminal law,The amount of drugs surrendered and returned is no longer calculated cumulatively.Drugs are not only harmful but also strict control of national laws and regulations of special items,in order to prevent the flow of drugs into illegal channels to endanger human health and society,so to safeguard and improve the national drug management system,drug interoperability behavior of normative governance,so as to avoid similar cases but the emergence of different standards of justice,Safeguarding the judicial Justice of combating drug crime is not only related to public health and social stability,but also reflects the criminal law purpose of criminal law in combating crime and safeguarding human rights,which will be of profound significance both in theory and in practice.
Keywords/Search Tags:Drug reciprocity, Drug trafficking crime, Reimbursable, Illicit transfer, Illicit circulation
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