Research On The Accomplished Standard Of Drug Trafficking Crime

There are different understandings on the accomplished standard of drug trafficking crime in the judicial practice and theoretical circles.There are different controversial views in the theoretical circle,such as the theory of purchase that is accomplished,the theory of transaction,the theory of contract achievement and the theory of delivery.In the judicial practice,based on the criminal policy of "severe punishment and drug control" and the spirit of relevant meeting minutes,the application of the above theoretical views can also be vaguely seen,which is contrary to the principle of suiting crime,responsibility and punishment to a certain extent.The lack of clarity in the standard of attempt of drug trafficking is caused by various reasons.There are different standards of criminal attempt in China,such as the principle that the elements of crime are complete,the principle that the results of crime occur,the principle that the purpose of crime is achieved,and the principle that the legal benefits are infringed.The different understanding of "drug trafficking" also affects the determination of the attempt of drug trafficking.In addition,China has adopted a "strict anti-drug" criminal policy for drug crimes,which has led to an earlier time point for determining the attempt of drug trafficking crimes.The delivery theory advocates that the drug trafficking crime is completed when the drugs are transferred and delivered.This theory is based on the theory of infringement of legal interests,and the transfer and delivery of drugs is an infringement of public health.The "drug trafficking" is understood as the illegal sale of drugs for a fee,and this understanding is consistent with the legal interests protected by the drug trafficking crime.The delivery theory is also in line with China’s current criminal policy of "leniency and severity".