Research On The Controversial Issues Of Drug Transport

The crime of transporting drugs is under the same law as the crime of smuggling,trafficking and manufacturing drugs,and it applies the same sentencing standard.There are many disputes on the existence and abolition of this crime,the definition of transportation behavior,subjective recognition,the boundary with illegal drug possession crime and the completion standard.This thesis selects these controversial issues to study this crime.This thesis mainly includes five parts.The first part is the existence and abolition of the crime of transporting drugs,through sorting out and analyzing the three viewpoints of the theoretical circle,it is concluded that the crime of transporting drugs has its existence value.Its theoretical significance lies in the social harmfulness of the crime of transporting drugs and the crime of smuggling,trafficking and manufacturing drugs,and in line with the principle of matching crime with punishment.The practical value lies in the fact that this crime accords with the criminal policy of fighting against drugs in Our country and can meet the needs of solving the new changes of drug crimes at present.The second part is the definition of transportation behavior in the crime of transporting drugs,The meaning of the act of "transporting" drugs needs to start from the object of this crime protection,that is,the state’s drug management system and the public’s physical and mental health,which are mutually external and internal relations.The behavior of "transportation" cannot be judged only from its displacement,but needs to be judged with additional subjective objective conditions,that is,the objective performance is to help others transport drugs and produce displacement,and the subjective purpose is to promote the circulation of drugs.By sorting out the relationship between drug transportation behavior and smuggling,trafficking and manufacturing behavior,the nature of the crime of drug transportation is clarified——The act of helping becomes a principal offense.The third part is the subjective elements of the crime of transporting drugs,the first is the analysis of the subjective knowledge of the crime,the content of the transportation of drugs is to generalize to recognize drugs or may be drugs,rather than only to recognize the contraband.Behavior person know perfectly well can be divided into "do know" and "should know","do know" circumstances do not need to apply the presumption,and for the offender "should know" presumption may be applicable to the circumstances of the rules,and the rules of presumption is a presumption of law rather than fact presumption,clear three standard should be paid attention to when applicable,one is insist on suspected crime from arising,Two is to allow the suspect or defendant to refute,three is only a presumption,is strictly prohibited second presumption.Finally,the criminal purpose is the necessary component of the crime of transporting drugs,and the doer should have the objective of promoting the circulation of drugs subjectively.The fourth part is to discuss the judicial identification of the crime of transporting drugs.The first problem is the distinction between the crime of transporting drugs and the crime of illegal possession of drugs.There are displacement theory,purpose theory,function theory,risk theory of promoting circulation and social harmfulness theory in the academic circle.The purpose theory should be adopted,and the purpose presumption theory is the main theory,and the purpose proof theory is the secondary one.The second problem is to clarify the accomplished standards of the crime of transporting drugs,including the theory of starting transport,entering transport state,arrival,reasonable displacement and compromise.We should adopt the theory of "entering the transport state",and refine the "transport state" according to the different modes of transport.