Research On The Cessation Pattern Of Crime Of Transporting Drug

For a long time,the crime of transporting drugs has a strong contribution to other drug crimes and poses a great threat to social stability and security.However,at present,there are differences in the recognition standards of the commencement and completion of this crime between the theoretical and practical circles in China,and the legal provisions are imperfect,resulting in different judgments in the same case.Therefore,it is necessary to conduct a specific study on the judicial determination of the stop form of the crime of transporting drugs,to accurately crack down on the behavior of transporting drugs,to clarify the due meaning of the crime,and to ensure the application of the principle of adaptation of crime,responsibility and punishment.Fristly,this paper starts with the cases of the stop form of the crime of transporting drugs,and analyzes the differences in the judicial determination of the stop form of the crime of transporting drugs through the focus of disputes in 7 relevant cases.That is,at present,the judicial organs have a vague understanding of the types of crimes,the division between the preparatory stage and the implementation stage,the accomplished standard and other problems of this crime,and there is a lack of unified judgment standard.Secondly,this paper makes a specific analysis of some constituent elements of the crime of transporting drugs,and explores the impact of the identification of constituent elements such as drug transportation behavior and subjective crime on the identification of the cessation form of this crime.This paper holds that when defining the transportation behavior of this crime,we should not only consider the spatial displacement distance,but focus on the circulation function of the transportation behavior,and make a comprehensive analysis in combination with the infringement of the legal interests of the behavior and the perpetrator’s control over drugs.In addition,the stop form of this crime should be investigated within the scope that the perpetrator’s subjective crime is direct intention.The perpetrator’s wrong understanding of the object in different constituent elements will constitute the attempted form of this crime.Next,this paper tentatively puts forward that when the perpetrator starts loading drugs into the means of transport or hiding in a certain part of the human body,it should be considered that the perpetrator starts to carry out the transportation behavior.If the perpetrator carries out a general drug transportation behavior,if he successfully passes all the inspections of the route in the process of transporting drugs from the origin to the destination,it will be deemed that the drugs have entered a stable transportation state,thus constituting the completion of the crime of transporting drugs;If the perpetrator carries out drug transportation by means of separation of people and goods and by means of logistics,mail and other transportation channels,when the perpetrator completely delivers the package containing drugs,it will constitute the completion of the crime.Finally,focusing on the current situation of China’s legislation,combined with the degree of infringement of legal interests of the crime of transporting drugs,this paper proposes to separate the crime of transporting drugs from selective charges,adjust the sentencing proportion,and implement the simplification of provisions and sentencing,so as to distinguish the crime of transporting drugs from other drug crimes,improve the attention to the identification of the stop form of the crime of transporting drugs,and realize accurate sentencing.In addition,formulate relevant judicial interpretations,refine the existing judicial interpretations,add relevant contents of stop forms,improve the legal system,and provide basis for judicial practice.