Research On Difficult Problems Of Drug Trafficking Crim

As a traditional crime with serious social harm,the crime of drug trafficking has always been a key crime in China’s criminal law.With the rapid development of science and technology,new forms of drug crime such as drug purchase on behalf of others,drug trafficking,and other forms of drug crime have emerged.In order to effectively combat drug crimes,the public security organs have introduced a series of special investigative methods such as controlled delivery,temptation detection,and so on.In the contemporary social context of increasingly serious drug crimes,the current legislation to punish drug crimes is increasingly showing imperfections.Currently,there are some theoretical disputes in criminal law regarding the constitutive requirements of drug trafficking crimes,the determination of crime and non crime,accomplished and attempted crimes,and there are also some phenomena of leniency and discomfort in the punishment of drug trafficking crimes.The author hopes to provide some feasible problem-solving ideas and measures through some of his own knowledge of drug trafficking crimes,so as to provide some help for China’s judicial practice.Based on the case of Liu Mou selling drugs,Huang Rennian and Huang Yisen selling fake drugs,Wang Guocheng selling drugs,this article is divided into four parts to discuss some controversial issues on the crime of drug trafficking,the first part mainly introduces three cases,summarizes the corresponding dispute focus according to three different types of cases,and the second part specifically discusses the crime of drug trafficking,focusing on how to determine the nature of the act of freeloading on behalf of a buyer,The author believes that it is necessary to divide the behavior of purchasing and sucking on behalf of others into standard and special types for discussion based on different situations;the third part analyzes the subjective offence of the crime of drug trafficking,focusing on whether the act of unknowing drug trafficking should be considered as the crime of drug trafficking,The author believes that according to the principle of subjective and objective consistency,this situation should not be considered a crime;The fourth part analyses the issue of attempt and completion of drug trafficking offences,focusing on the determination of attempt and completion of the offence in the context of both harmful controlled delivery and harmless controlled delivery.The author believes that a comprehensive analysis should be conducted from both the buyer and seller aspects,as well as the agreed transaction methods.