Research On Transport Type Of Crime

Transport type of crimes account for a significant proportion of the criminal cases in China.Most scholars only focus on the crimes concerning transport type of crimes stipulated in the provisions of the criminal law.They ignore the holistic research on transport type of crimes and lack theoretical analysis and systematic induction on the system.This leads to a disconnect between theory and practice.The lag in theoretical research inevitably leads to confusion in judicial practice,leading to inconsistency in the application of law and inequality in conviction and sentencing.Based on this,this article based on the provisions of China's current criminal law,through the discussion of the basic theories of transport type of crimes,distinguishes between transport behaviors and other different types of behaviors,and seeks to solve the problem of the identification of transport type of crimes,the number of crimes,and the problem of unsuccessful transport in practice.It aims to build a systematic and complete crime system and make transport-crime judicial standards more standardized.This article is divided into five parts:First,the evolution of transport legislation and legislative basis.This chapter intends to explain that transport type of crimes have a long history in China and have a deep origin.They deserve attention.The first section introduced the legislation of China on the transport of statutory contraband from ancient times to the present.The second section elaborates the legislative basis for transport-related crimes because thebehavior has serious social harm,and it can reasonably crack down on crimes that cannot be solved by using other selective crimes in parallel,and criminal policies that prevent severe crimes and protect social order in China.select.Second,the judicial application of transport crimes.The first section explains that due to the disconnection between theory and practice,this type of crime has a large number of incriminating charges in our country's judiciary.The situation of unequal sentencing severely damages the defendant's right protection and is not conducive to the orderly conduct of judicial work in China.And this type of crime occupies an insignificant proportion in our country's criminal offences.Correctly understanding and applying transport type of crimes has far-reaching significance in advancing the construction of a socialist country under the rule of law and ensuring the relative equality of criminal justice results.The second section analyzes the problem of unclear definition of transportation in judicial use and its unclear distinction from other related crimes.Third,the connotation and characteristics of "transportation".This chapter first summarizes the commonalities between the various crimes of this type of crime by sorting out the transport-related crime legislation in our criminal law.Secondly,combining the basic theory of criminal law,the connotation and characteristics of transport type of crimes are defined by commonality.The first section discusses how to define the connotation of transport behavior.By comprehensively considering the nature of transportation,the object of transportation,the form of transportation,the spatiality of transportation,and the subjective will of the actor,the author defines“transportation” as a violation of the provisions of the criminal law,and adopts transportation within the country's borders.The method of sending,consigning,using others,or using means of transportation deliberately carries out a process of spatial displacement on the statutory contraband,either directly or indirectly.In the second section,the author combines the theoretical theories of different academic circles,and concludes that transport type of crimes have three characteristics: the diversity of modes,the dual legality of behaviors and objects,and the independence of behaviors.Fourth,analyze the subjective and objective problems of transport type of crimes.This chapter focuses on the main and objective aspects of the constitutive elements of transport type of crimes.The first part of the subjective aspect,the author through the analysis of the relevant academic doctrine,starting from the understanding factor and the will factor,argued that the perceiver's cognitive factors should include a double understanding of the behavior and the object,the only understanding of the object of transport to achieve " To sum up,we can "know well." In terms of will,the will to constitute a transport-related crime includes direct intentional and indirect intentional,that is,indirect and intentional can also constitute a transport-type crime.In the second part,the author compares the transport behavior with other objective behaviors that are similar in nature and defines the behavioral characteristics of the transport behavior in order to improve the accuracy of transport-based crimes in the judicial application.Fifth,the analysis of the special form of transport crime.This chapter focuses on the issue of crimes and unfinished modalities of this type of crime.In the first part,the question of the number of crimes is divided into two aspects based on the identification of selective crimes and the identification based on different crimes.On the one hand,if the perpetrator has implemented transportation and other related activities in the same case,he will not impose multiple punishments for multiple crimes committed by the same statutory contraband,and determine the specific charges concurrently;in different cases,the perpetrators are separated.The implementation of transport and related activities,the implementation of a combination of several crimes,according to the different conduct of selective crimes to determine the specific charges,if there is a crime standard,the cumulative calculation.On the other hand,if an agent transports multiple objects at once,it actually corresponds to multiple transportation behaviors and constitutes several crimes.Each offender shall be convicted on the basis of the different types of statutory contraband that the actor transports.Where the actor has repeatedly transported the same statutory contraband product,the qualitative key is the guilty intention of the actor,which shall be punished as a continuous felony with a one-offense;and when the actor intentionally commits a multiple-crime intentionalimplementation of a transportation act,the actor shall respond accordingly.Countless crimes are imposed on several crimes.The second part of the crime's unfinished form problems,studied the standard problems of transport type of crimes,pointed out that both the "start-transportation" theory and the "arrival theory of arrival" have both shortcomings,combined with the characteristics of transport tools,the distance of transport distance,and The "reasonable displacement theory" to be identified as the number of transport objects is more conducive to the determination of such crimes in judicial practice.