Research On Judicial Determination Of The Crime Of Drug Trafficking As An Attempt

How to curb the drug crime is a worldwide problem,the drug crime is particularly serious in our country,among which the drug trafficking crime is one of the most rampant.How to deal with this crime correctly in judicial practice,especially how to distinguish the pattern of attempted crime reasonably,there has been a big dispute between the theoretical and practical circles in our country on the determination of the pattern of attempted crime in criminal law for a long time,and it is also an urgent problem to be solved in judicial practice.By studying the problems in the in the identification of the crime of durg trafficking by taking the establishment of the standard of differential proof as the main starting point and combining with the supporting system that should be improved in judicial practice.Starting with some real cases and investigations,this paper focuses on the distinction between the attempted crime and of drug trafficking,constructs the differentiated between the attempted crime and standardizing the relevant system to discuss and establish the standard of the accomplished crime and the attempted crime of drug trafficking.The full text is divided into four chapters,a total of about 30,000 words.The first chapter mainly introduces the basic concept of the crime of drug trafficking and its attempted state,the stipulation of the form of the attempted crime in legislation and the basic situation of the determination of the crime in judicial practice.This article is to build because the proof standard of differentiation as the main Angle of view to make a distinction between this crime is failed,so you also confirm proof standard mode in China are briefly introduced and proof of foreign standards,especially in the judicial cognizance of this crime,is how to confirm that model to prove that the defendant constitutes a crime of drug trafficking.Chapter two: through the analysis of 100 judgment documents and some typical cases of drug trafficking crime in C city of S province,this paper mainly introduces the main evidence characteristics of drug trafficking crime cases in judicial practice and the basic situation and characteristics of the court's conviction and sentencing process.Chapter three: analyzes the problems reflected in the process of the court of S province C city in the determination of the crime of drug trafficking.In the course of this analysis,when the court convicted and sentenced the defendant,it ignored the reasonable use of the standard of proof and presumed that the defendant had some defects in the reasoning process of subjective "knowing" about drugs according to the evidence.Most drug trafficking crime exists in witness,but the court in the trial stage often adopt written testimony of the witness before the court,a witness to testify ratio is extremely low,our country criminal trials substantial changes require the case facts found out in court,so the lack of rules and procedures for witness survey will affect the whole case with the referee.In addition,some cases still have the problem of special circumstances intervening in the investigation.I analyze and discuss the rationality of the evidence collected under these circumstances.Chapter four: in view of the problems found in the judicial practice,five aspects of the solution ideas.First,the construction of differential proof standard;The second is to reasonably regulate the judge's presumption of "subjective knowing";The third is to establish in the legislation a unified serious standard;The fourth is to explore the establishment of reasonable rules of investigation of witnesses to ensure the substantive reform of the court proceedings and the investigation of the attempted cases;Fifth,correctly identify the special circumstances in this crime to intervene in the investigation.