Study On The Difficult Problems Of Drug Transport Crime In Judicature

In 2015,the Minutes of the Symposium of the National Courts on the Trial of Drug Crimes(Wuhan Meeting Minutes)and other relevant documents with the nature of judicial interpretation have clarified the identification of charges of the crime of transporting drugs,the identification of joint crimes and the identification of the quantity of drugs.However,the provisions concerning the definition of the nature of drug transportation,the standards of success and the qualitative nature of drug transportation by drug users are still incomplete,and the issue of whether the death penalty should be abolished has also aroused a great controversy in the academic circle.Clarifying these controversial issues is conducive to accurately cracking down on drug transportation crimes and achieving justice and justice in conviction and sentencing in the trial.This paper is divided into four main parts.The main contents of this paper are as follows.Firstly,it introduces the background of drug control in cracking down on drug trafficking in China.Although the special work of drug control has achieved phased results,it still faces a grim situation.Secondly,it expounds that the domestic controversies about the crime of drug transportation mainly revolves around the definition of drug transportation behavior,the standard of successful behavior,the nature of drug users’ behavior of drug transportation and the application of heavy punishment.Because of the lack of unified standards in the theoretical circle,the guidance to judicial practice is not strong.Thirdly,through sample analysis,it is found that there are different sentencing results in different regions of drug transportation cases,and the distribution of the number of cases is obviously unbalanced,and the standard of the quantity of drugs involved is also greatly different,and it is common for the judicial organs to apply heavy punishment.Finally,through the analysis of the key issues,based on the principle of adapting crime to punishment,the protection of human rights,the modesty of criminal law and other theories as the legal basis,the author puts forward the improvement path.The definition of transportation behavior should be based on the protection of legal interests of the crime of transporting drugs.The essential definition of the behavior should include whether the transportation is drugs knowingly,instead of defining the intention of transportation,it should only be clear that it is to promote the circulation and diffusion of drugs.As for the standard of accomplishment,although the general theory adheres to the viewpoint of "the theory of transportation",and the judicial organs judge whether the crime of transportation of drugs is accomplished or not according to this viewpoint in practice,this viewpoint still has its imperfections.In the trial,the phenomenon of different sentences in the same case is easy to occur.With regard to the abolition of the death penalty for the crime of transporting drugs,considering the large number of cases of transporting drugs,the particularity of the subject of transportation behavior,and the unresolved disputes on the above issues,China should limit the application of the death penalty to avoid the occurrence of severe punishment and unjust conviction.The qualitative problem about drug users’ behavior of transporting drugs is that whether the doer has the intention to promote the circulation of drugs is the key factor to judge,and the transportation simply for their own consumption does not constitute a crime.The life and health of the non-specific majority of drug users as the protection of the legal interests of the crime of drug transportation,on this basis,further study on the legislative improvement of the crime of drug transportation,detailed in the Criminal Law of the relevant charges,so as to correctly guide the administration of justice,to achieve fairness and justice.