Research On The Crime Of Transporting Drugs

In recent years,with the spread of drugs in the world,many countries have increased the fight against drug crimes in their own countries,and actively participate in the formulation of relevant international treaties,in order to fight against transnational drug crimes.Obviously,drug crime has become a global public hazard.For our country,although under the leadership of the party and the government,our country has made some remarkable achievements in drug control,but we should be soberly aware that our country's drug crime has not been completely banned,the situation of drug abuse is still serious.So we cannot let our guard down and we must continue the war on drugs to the end.In the fight against drug crime,to take the target of drug action,because the transportation is connected to the drug production and circulation link,is an important part of drug crimes,is most drug crimes are an indispensable link,so want to curb the spread of drugs,it must pay much attention to drug transport behavior.However,due to the transport of drug crime in the form of selective charges be prescribed in article 347 of the criminal law,and criminal law to the provisions of this crime counts adopted simple way(judicial interpretation of expression of the meanings of this crime also failed to reveal its essence),simplification of problems of the legislation is that the transport drug crime in the judicial practice of fuzziness.In the theoretical circle at the same time,the theoretical research of the crime of drug transport has always been disputed,opinions vary,so the author thinks that,it is necessary for the transport of drug crimes of difficult problems on the basic theory problems and practice of in-depth discussion,making delivery of the drug is rich in related theory research and development,also for effective crackdown on drug transport in the judicial practice to provide theoretical guidance and help.On the basis of summarizing and summarizing the existing theoretical research results,this paper analyzes and demonstrates the problems related to the crime of transporting drugs through the methods of empirical analysis and literature research,and discusses the following parts.The first part summarizes the crime of transporting drugs.Firstly,the concept of drugs is defined,and the types of drugs are briefly introduced.Secondly,the concept of how to define the crime of transporting drugs is discussed.In this part,the author expounds the concept of the crime of transporting drugs in the theoretical circle,analyzes it and puts forward some ideas of defining the concept of the crime of transporting drugs.In the second part,the author probes into the constitution of the crime of transporting drugs.This part mainly explores some difficult problems existing in the constitutive elements of the crime of transporting drugs,such as: what is the direct object of the crime of transporting drugs,the subjective knowledge of the crime of transporting drugs and the problem of cognitive error.The author thinks that through the theoretical analysis and exploration of these difficult problems,the understanding of the crime of transporting drugs is further deepened,which lays a theoretical foundation for further research.The third part discusses the problems existing in the judicial determination of the crime of transporting drugs.It includes the accomplice form of the crime of transporting drugs,the accomplished crime,the distinction between the crime of transporting drugs and similar crimes,and the application of death penalty.