Research On Smuggling Narcotic Drugs Crime

This paper is divided into four parts to the crime of drug smuggling in the judicial practice and theoretical analysis of the preliminary discussion and collation.The first part is the introduction of the article,which mainly describes the theoretical background of studying drug smuggling,as well as the research degree of drug smuggling crime at home and abroad,and briefly explains the purpose and significance of studying drug smuggling crime,thus emphasizing the severity of the current situation of drug smuggling in China.Text from the second part as a start,in this chapter mainly analyzes the components of the drug smuggling crimes,especially for drug smuggling crime object,discussed the different theories argument to the national law profit violation,second in the crime objective aspect of the crime of smuggling drugs smuggling behavior in different ways to discuss is the key problem of decide whether drug trafficking constitutes a crime,finally through to the comprehensive consideration of subjective questions,combining with the judicial practice,clearly it constitute the basic problems of the crime.The brief analysis of the third part of the judicial cognizance of the crime of drug trafficking,in how to distinguish and define drug smuggling crimes,and frequently in judicial practice will be accomplished in advance of the crime of drug trafficking,emphatically discusses how to determine this accomplished and attempted of the drug smuggling crime problem,especially in the crime of smuggling drugs for smuggling group accomplice problem determination,and involved in the judicial practice and utilization of pregnant women,children,the disabled,the mental patient special groups such as common indirect crime in the crime of smuggling drugs and instigator,to help make the distinction between problems.The fourth part aims at the problem of sentencing of drug smuggling crime in criminal law,how to determine the purity and quantity of drugs is quite controversial in theory and practice,and at the same time,the death penalty of drug smuggling crime is extended.