On The "Unsuccessful" Form Of The Crime Of Trafficking,transportation And Manufacturing Of Drugs

Drug crime is a crime type with a high penalty rate in criminal trials in recent years.The crime of trafficking,transportation and manufacturing of drugs is the core crime in the crime system of drug crime.Based on the memory of the tragic shame brought about by the influx of modern opium and the grim reality of the abuse of such substances,the mainland China has always adopted a criminal policy of severely punishing drug crimes.Affected by this,the relevant judicial interpretations of the Supreme People's Court and the trials and practices of local courts all use the crime of trafficking,transportation,and manufacturing of drugs as abstract dangerous criminals,and generally identify some elements that are not fully equipped as elements.Even moved forward to the preparatory stage of manufacturing drugs(trial production).Although it is understandable to adopt a zero-tolerance attitude toward drug crimes,the criminal law position is completely transferred from the subjective and objective rules to pure subjectivism,but it clearly ignores the difference in the degree of harm between the unfinished drug transactions and the inflowing consumers.The general provisions of the Criminal Law on the conditions for the establishment and attempt of punishment and the rules of punishment are contrary to the principle of the balance of crimes and punishments.Based on this,this paper intends to use the principle of the balance of crimes and punishments to extract the homogeneity of “unsuccessful” from the conditions for the establishment of the provisions of the general provisions of the Criminal Law,and specifically to demonstrate the conditions for the establishment and attempt of the drug-making system.Reasons,moderately determine the level and intensity of the penalty.This article is divided into five parts,about 37,000 words.The first part defines the meaning of “unsuccessful” in the crime of trafficking,transportation and manufacturing,and explains the problems in the practice of conviction.First of all,from the logical connection between Articles 22 and 23 of the General Principles of Criminal Law,it is clear that the reasons for the attempted crimes are not due to reasons other than the will,and the actual conditions should also be the essential elements for the establishment of criminal preparations.The normative basis for the two forms of specific crimes in 347.Secondly,it sorts out the rules and status quo of the "unsuccessful" form of trafficking in drugs,and points out the judicial reality that China has shelved the "unsuccessful" form of trafficking in drugs.Thirdly,it briefly introduces the core position ofthe crime of drug trafficking in the crime system of drug crimes,and explains the reasons why the role of the policy of heavy punishment is chosen here.It explains the main reasons for the criminalization of this crime as an abstract dangerous criminal in our country's judicial practice.The problem,analyze the specific cause.The second part explores the theoretical basis for the careful distinction between the trafficking,transportation,and manufacturing of drugs and the “unsuccessful” form.First of all,from the perspective of systemic interpretation,the general rules for judging criminal preparations and attempted crimes are briefly summarized,as well as the specific rules for judging the unfinished forms of actual,dangerous and behavioral crimes.Secondly,from the perspectives of trafficking,transportation,drug-making crimes and the legal benefits of harm,the crime of trafficking in drugs is a specific dangerous criminal.From this,the specific judgment on the criminal form of drug trafficking is pulled back from pure subjectivism to the result.A position of no value and a worthless balance of behavior.The third part analyzes the specific rules for the identification of the “unsuccessful” form of drug trafficking.For the crime of drug trafficking,the process of manufacturing conditions and preparation tools before the implementation of drug trafficking is a criminal preparation.The criteria for selling the shackles should adopt the “entry transaction theory”.The actor and the buyer agree on the necessary matters,and there must be a realistic “transaction” behavior,that is,the actor has sent the drugs to the transaction.The act of "purchasing for the sale" is an act of conduct rather than a crime.If the drug is purchased for sale,it is unsuccessful for reasons other than the will,and it is an attempt to commit drug trafficking.The "pay under control" situation has the possibility of determining the attempt to sell drugs.The fourth part analyzes the specific rules for the identification of the “unsuccessful”form of the crime of transporting drugs.As far as the crime of transporting drugs is concerned,there are two situations: for the case of people and goods,it is considered that the crime of transporting drugs is started when the drug is started,and the crime of transporting drugs is formed when the drug reaches a reasonable displacement;In the case of the crime of transporting drugs,it was considered that the drug was sent to the post office or the staff of the transportation department to pick up the pieces.According to the particularity of the separation of people and goods,when the agent delivers the drug to the actual transporter or unit,the transport act is completed,specifically when the transport department enters the transport through security inspection.The fifth part analyzes the specific rules for the determination of the form of“unsuccessful” in the crime of making drugs.For the crime of making drugs,knowing that the semi-finished products have been manufactured in the case of formula is the shackle of making drugs,because drugs are a real danger to the society.It is a criminal preparation to prepare raw materials or manufacturing equipment in the case of knowing the manufacture of drug formulas and techniques,and to prepare drugs.If the on-site storage of toxins is found,the quantity of drugs that may be produced should be calculated according to the quantity.In order to determine the statutory penalty level,in order to aggravate the statutory penalty and to reduce the penalty,the corresponding relationship between the quantity and the statutory penalty in the crime of buying and selling toxins can be determined,and the amount of punishment for the specific punishment can be determined.