Determination Of Accomplished Standard For Drug Trafficking Crime

How to define the crime of drug trafficking with standard,both theoretical and practical circles have different views,according to the accomplished to punish the crime cases in judicial practice,most scholars seems to be not in conformity with the adaptive principle,they think that shall apply in accordance with the theory preparation,a criminal attempt refers to a crime.In terms of the accomplished standard of drug trafficking crime,there are mainly the following different understandings: contract conclusion theory,drug transaction theory,the choice of buying and selling behavior,drug delivery theory,etc.After access to a lot of the written judgment,in order to crack down on drug crime,practice often will complete the form in accordance with the criminal crime unfinished form directly to punish,there was a disagreement in the process of working,all in accordance with the drug trafficking sin with processing,in the form of the attempted crime of drug trafficking case be ignored,to a certain extent affect the correct reasonable qualitative and sentencing.The accurate definition of the accomplished form of drug trafficking crime will make the conviction and sentencing of drug traffickers in practice conform to the provisions of the criminal law theory and play a good role in protecting the human rights of drug traffickers.In a word,the current difficult problem of the interface between criminal law theory and judicial practice is how to solve the drug trafficking problem in judicial practice with criminal law theory,so as to give full play to the role of criminal law in severely punishing crimes.Therefore,further analysis to clearly define the accomplished standard of drug trafficking crime,fill the gap in the criminal law and judicial interpretation of our country,so as to improve the judicial practice of the accomplished standard of drug trafficking crime.This paper is divided into three parts.The first part summarizes the focus of dispute through typical cases.In other words,whether it can be regarded as the accomplished standard for the crime of drug trafficking that the two parties reach the contract of drug trafficking,the drug enters the transaction link,the drug is bought for the purpose of trafficking,and the drug is actually delivered to the buyer,and the focus of the dispute is evaluated and analyzed respectively.In the second part,thecontroversial issues in the theories and theories of drug trafficking crime are sorted out and analyzed.For example,the existing problem in the contract conclusion theory is that the establishment condition of the contract in the civil law is simply equal to the accomplished condition of the crime,and such a standard of accomplished crime is likely to cause the standard of accomplished crime to be too early.The problem of drug dealing theory is that it is difficult to define the link of drug dealing accurately.The problem with the selection of buying and selling behavior is that for the drug selling behavior after buying,the drug buying behavior has not caused any harm to the public health,and it is in the preliminary stage of drug trafficking.In the third part,by sorting out the above controversial issues and putting forward my own Suggestions,compared with the problems existing in other theories and theories,drug delivery theory protects the physical and mental health of an unspecified majority of people,which is in line with the characteristics of drug trafficking crime as a crime and the practice in judicial practice.Before the delivery of the behavior,such as the buyer and seller reach an agreement,enter a specific trading place,pay for drugs and other acts should be combined with the case situation,respectively identified as a crime preparation,criminal attempt or criminal suspension,as the unfinished form of drug trafficking.