On The Crime Of Smuggling, Selling, Transporting And Making Poison

Smuggling , selling , transporting and making poison article offense studied in the paper is an offense . From the lawmaking of the international community , the offense is regarded as the most serious poison article crime ,and a person will receive severe punishment if he commits the offense . In China , the . provision of the offense traced back to the formulation of the penal code in 1979. At that time , the offense of smuggling poison article was not juxtaposed will making , selling and transporting poison article crime , but convicted of smuggling . In 1997 , the Decision of prohibition of poison selling and making first juxtaposed the two crimes together . The Decision also adjusted the acting order of the making , selling and transporting poison article crime provided by the penal code made in 1997 , and formed current smuggling ,selling ,transporting and making poison article crime . then the content of the Decision was bought into the penal code , and modification and complement were made to the related content , which made the lawmaking complete to punish committing poison crime . After the promulgation and enforcement of the new penal code ,the supreme court issued one after another judicatory explains and summaries of forums ,which together with current penal code , formed the main bases of affirming and handling the smuggling , selling , transporting and making poison cases in judicatory practices . But the penal code expresses the facts about the crime in simple facts manner , which results in the divergences in affirming objective behavior of the crime ,whether seeking profitsintentionally and distinguishing accomplished offense from attempted offense . Therefore , affirming exactly the objective behavior ,subjective intention , accomplished offense , attempted offense and joint offense , plays a most important role in attacking poison article crime , distinguishing accurately the offense from just holding poison s articles illegally and using the criminal charges suitably . So this paper studies mainly the affirmation of the offense on the bases of the penal code and related judicatory explains.