Study On The Difficult Problem Of Judicial Determination Of Drug Transport Crime

Transportation of drugs is an indispensable link in the drug crime chain,and the crime of transportation of drugs is a frequent and common type of drug crime.In judicial practice,there are many disputes over the application of the crime.In addition,the highest type of the crime in the criminal law is death.Due to the concealment of the drug crime,the offender to justice after often denied that subjective knowledge,therefore the perpetrators subjective knowing that determination of drug crimes,always is the emphasis and difficulty in the trial,combining with the specific case,from the perspective of judicial application and subjective cognizance of transportation drug charges were analyzed,and puts forward the presumption rules established subjective cognizance and puts forward Suggestions on the rational use of presumption rules,identifying,an accomplice to the behavior of the transport drug charges and stop form also has carried on the analysis and interpretation;The quantity,distance and other factors as well as the relationship between transportation and ownership should be considered in the identification of transportation behavior.Specific Suggestions,such as establishing the comprehensive identification standard of behind-the-scenes accomplice and one-sided accomplice,are made on the analysis and exploration of the related judicial application of the crime of transporting drugs,and a comprehensive and multi-angle understanding is proposed for the determination and sentencing of the crime of transporting drugs,so as to provide beneficial reference for judicial practice.The main text of this paper is divided into four chapters and four parts.The first part is the subjective analysis of the crime of transporting drugs.The second part is the behavior manifestation and identification factors of the crime of transporting drugs,including the basic concept and manifestation of transportation,the difference between transportation and possession,the influence of distance and quantity factors on the identification of crime.The third part is the theoretical analysis of the accomplice of the crime of transporting drugs.The fourth part is about the stop form of the transportation of drugs,that is,the attempt standard and the determination of the starting behavior.