On The Attempted Form Of The Crime Of Illegal Possession Of Drugs

The criminal possession of drug mainly played the role of "plugging in the crimes" at the beginning,and it was not common in practice.However,with the change of the social environment,this crime has become the third conviction rate of drug crime in China.According to the "Drug Crimes of Judicial Big Data Thematic Analysis Report" released by the Supreme People’s Court on June 28,2018(International Drug Day),the crime of illegal drug possession and the "smuggling,trafficking,transportation,and manufacturing of drugs" "Drug use crimes" accounted for 98.38% of all drug crimes,of which 7.48% were illegal drug possession crimes.Compared with the two crimes of smuggling,trafficking,transportation,drug manufacturing,and the crime of tolerating other people,the illegal possession of drugs is a peculiar situation in itself.The judicial interpretations and symposium minutes of drug crimes have not clearly stated that Whether the crime has attempted crime.Whether in the theoretical field of criminal law and in the practice of criminal justice,there are major differences in the determination of whether there is an attempted form of the crime of illegal possession of drugs and the specific determination of the attempted and attempted crimes.Differences,incompatibility of crimes,responsibilities,and punishments,and the advancement of contingencies.To this end,this article intends to analyze the legal interests and the meaning of possession of the crime of illegal drug possession,and to combine the different positions of judicial practice to analyze whether there is an attempted form of the crime and to try to establish the completed and attempted crimes of the crime.A more scientific method of judgment.The first chapter mainly analyzes the controversy in the judicial practice and theory about the attempted form of the crime of illegal drug possession.This paper uses big data case analysis to point out the tendency to determine the crime form in the judicial practice.It is found that the applicable standards for the attempted and attempted crimes in the judicial practice are more chaotic,and there are problems of different judgments in the same case.The phenomenon.Secondly,by introducing the different perspectives of the theoretical community on the criteria for proceeding and whether there is an attempted criminal form,this article gives a brief and concise evaluation,and clarifies that this article’s view is that an attempted form of illegal drug possession exists.The second chapter expounds the significance of the attempted form of the crime of illegal possession of drugs,and explains why the attempted form of the crime should exist.First of all,the status and concept of the crime of illegal possession of drugs is clear.By establishing its independent value,it denies the view that some scholars believe that as a "plugging" crime and accompanying crimes,there should be no attempted crimes;The discussion of its legal benefits makes it clear that the legal benefits of this crime are public health.The original intention of proposing punishment for holding crimes is not to hold itself,but to hold the possibility of the spread of a specific thing,which will cause or extremely Easy to cause some serious social harm.Therefore,the objective aspect of this crime should consider the time element.Secondly,it points out the problems of excessively strict legislation and premature completion of the judicial determination in the crime.It is certain that the attempted state of the crime can solve the above problems to a certain extent.The third chapter focuses on the standard between the attempt and the crime of illegal drug possession.First,analyze the meaning and nature of "holding behavior" in the crime of illegal drug possession.Secondly,it is pointed out that the time of holding should be considered in establishing a holding,and the subjective and objective standards should be adhered to.Reaffirming the importance of "time" in the crime of illegal possession of drugs,"time" is both a condition for judging whether the perpetrator has established a crime and a condition for judging whether it has established a crime.Achieving a stable state of holding is a necessary condition for the completion of the crime of illegal drug possession.Stable holding must satisfy both the objective stable holding and the subjective stable holding.Finally,it is proposed that simple contact with drugs does not constitute a crime.The different channels through which an actor obtains drugs will affect the establishment of the crime,but will not affect the completed time of the crime.The above-mentioned judgment method is applied to judicial examples for analysis,and a number of situations that should be identified as attempted crimes are summarized.