On The Nature Of Possession Behavior In Drug Crimes

Since the first criminal law of new China came into being,the legislative provisions and judicial interpretations on drug crimes have been complex and numerous.Before the promulgation of Criminal Law of The People's Republic of China 1997,the provisions on drug-related crimes were mainly found in Decision Regarding the Severe Punishment of Criminals Who Seriously Sabotage the Economy,Customs Law of The People's Republic of China,Supplementary Provisions on Punishing the Crime of Smuggling,Decision of the Standing Committee of the National People's Congress on the Prohibition Against Narcotic Drugs,etc.After the implementation of the Criminal Law 1997,however,the legislative authorities have made specific interpretations on the judicial application of drug-related crimes mainly through judicial interpretations and meeting minutes.Among the numerous legislative provisions and judicial interpretations,one of the most important contents is to answer the following questions: which kind of possession in drug crimes are defined as illegal possession,drug trafficking,drug harboring and so on.Therefore,it is of great significance to characterize the behaviors of possession in drug crimes so as to solve the problems in judicial practice.Focusing on the major issues of the characterization of possession crimes in drug crimes,this thesis provides a more detailed explanation and argumentation from the following five aspects.Specifically,it mainly includes five Chapters:Chapter One mainly explains the definition of possession in the drug crimes at home and abroad,so as to accurately analyze the nature of possession in drug crimes.In foreign academic circles,the definition of possession in drug crimes includes the state theory,the passive state theory or inaction theory,state of affairs theory and the third form theory,etc.At this stage,there are four explanations about possession in China: the theory of action,the theory of act of omission,the theory of independent behavior,and the theory of alternative behavior.Chapter Two discusses the problem of defining the behavior of possession in drug crimes as illegal possession of drugs.The crime of illegal possession of drugs is the most direct manifestation of possession and the closest connection with possession.To be morespecifically,which premises and conditions that can be characterized as the possession as illegal possession of drugs rather than other drug crimes are the problems to be solved in this chapter.Chapter Three mainly solves the problem of what kind of preconditions and conditions can be used to characterize the possession behavior as the crime of transporting drugs.The crime of transporting drugs has a statutory penalty of up to the extent of the death penalty.When the actor conducts drug trafficking,it must objectively implement the control of the drugs,that is,the possession of drugs in the process of transporting drugs.Whether this kind of possession should be defined as the crime of illegal drug transportation or the crime of drug trafficking becomes an important issue,and whether the length of transportation affects the definition of the actor's criminal behavior of possession is another point.Besides,whether the drug purchasers who received drugs by mail or express are guilty of illegal possession of drugs or accomplices with drug traffickers for drug trafficking is remains to be solved.These are the most noticeable problems in characterizing possession as drug transportation.The crime of drug trafficking is one of the commonest crimes in drug crimes,and the Chapter Four is to solve the problem of how to characterize drug trafficking possession.The drug abuse,intermediary introduction of drug trafficking,purchase and reselling drugs are all possession of drug trafficking.It can be seen that,in drug crimes,there are many points worth exploring and pondering about so as to better characterize the criminal behavior of possession and what kind of charges should be identified.The last chapter of this thesis is to solve the problem of how to apply the meeting minutes and the presumption of the actor's subjective purpose by the judicial authority to the judicial practice.This chapter also summarizes the thesis,it applies the qualitative research of possession behavior in drug crimes to judicial practice,so as to effectively implement the principle of suiting punishment to crime,thus make the combination of punishment of crime with protection of human rights come true.