On The Unbalance Of Crime And Punishment In The Crime Of Transporting Narcotic Drugs And The Countermeasures

The situation of anti-drug struggle in China has made steady progress and the trend is improving,but the governance effect of drug crimes still needs to be improved.To improve the effect of drug control,different measures should be taken for different links of drug crimes,and the transportation of drugs as the intermediate link of drug crimes is no exception.,the criminal law must grasp the reasonable limit,and should analyze the social harm and the personal danger of the perpetrator in combination with the changes of the anti-drug situation in China.And from the point of the current legislation,the transport drug crime and smuggling,trafficking,manufacturing drug crime as selective charges and set is not reasonable,transport behavior of social harmfulness and other crimes,usually transport behavior is the "upstream" drug crime "crime",and smuggling,trafficking,manufacturing drug behavior constitute a complete crime chain,and in the crime chain transport behavior only play an indirect role.Therefore,it is necessary to study this crime in depth,in order to play the prevention and deterrence value of punishment and realize the balance of crimes.This article is divided into five chapters,with a total of about 50,000 words.The first chapter mainly expounds the research purpose and significance of the imbalance of transportation drug crime,the research status at home and abroad and the research methods and innovation points of this thesis,and lays a discourse platform for the discussion of the following article.Chapter 2 is conducted through the empirical analysis of 112 sample cases.The characteristics of the actor in the sample cases,the specific circumstances affecting sentencing and the sentencing results,and then draw the conclusion that the social harm of drug transportation is not the equal as the higher punishment.According to the conclusion of the empirical analysis,this thesis summarizes the concrete embodiment of the imbalance of the drug crime.First analysis from the perspective of transportation drug crime criminal law positioning,the legislation is not the same social harmfulness transport drug behavior and smuggling,trafficking,manufacturing drug behavior set the same legal punishment is not reasonable,mainly reflected in the behavior of infringement,the actor’s subjective sin degree,means of danger,the personal danger of these aspects.Secondly,in judicial practice,due to the fuzzy function setting of different sentencing circumstances,the inconsistent standards of crime execution,the limitation of drugs as the main sentencing standard,and the confusion of the identification of crimes,which further aggravates the imbalance of crime and punishment.Chapter IV seeks the reasons in legislation and judicial practice according to the specific problems reflected in the imbalance of this crime and punishment,and provides conditions for the targeted solution of the problems in the following text.Chapter 5 puts forward effective governance suggestions for balancing the crime and punishment relationship of transporting drug crime.At the legislative level,the crime of transporting drugs is satisfied by satisfying the maximum punishment and punishment;it is reset the legal punishment,and focuses on the attack on serious crimes.Judicially,it corrects the one-sided view that only the quantity of drugs as the only condition for sentencing,increases the provisions on the identification of drug purity,and establishes the identification of drug purity as the legal sentencing circumstances for the crime of transporting drugs,adjusts the identification standard of attempted drug transport,adopts the established standard of "reaching theory" to alleviate the judicial situation of excessive sentencing;and finally establishes a standard and reasonable punishment system through the joint efforts of legislation and justice.