Research On The Crimes Of Precursor Chemicals

The dissertaion illustrates the elements of the crimes of raw material and mixture for drugs and legislative perfection from the perspective of Criminal Law, which is based on relative Administrative Law and Criminal Law, taking crime constructive theory of Criminal Law as its rationale, combined with anti-nacotics law enforcement activities, and adopts quotation and deduction methods. The dissertation consists of five sections.Section One gives the basic theories of the crimes of raw material and mixture for drugs, puts forward its connotation, which means intentionaly smuggling or illegal dealing of large amount of raw material and mixture for drugs and reveals the objects of the crimes of raw material and mixture for drugs, which means the national control over raw material and mixture for drugs, composed of various of mechanisms established by national Administrative Law, such as classification management, level management, departmental management, imports and exports international inspection and permit system.Section Two analyses the objects of the crimes of raw material and mixture for drugs, considers raw material and mixture for drugs as a standard definition appraised by legeslators basing on its material property and in the manner of administrative law. In the dissertation the author defines raw material and mixture for drugs as chemical ingredients and mixture of psychotropic substances and nacotic drugs controlled by the state which can be used to illegally produce heroin methamphetamine and cocaine, discloses its duality, controllable and changeable characterastics, and makes classifications from different aspects, in the course of identification of raw material and mixture for drugs nobody can surpass its categories and scopes regulated by statuates and ordinances.Section Three illustrates the manifestations of the crimes of raw material and mixture for drugs. Smuggling raw material and mixture for drugs refers to the exit and entry activities of escaping the customs surveillances and illegally transporting and carrying raw material and mixture for drugs, which smuggling methods are mainly as avoiding the customs, not claiming and indirect smuggling. Illegal dealings refers to the illegal purchasing and selling raw material and mixture for drugs, and the judgement of these activities must depend on relative laws and regulations. Illegal transporting and producing raw material and mixture for drugs cannot be recognized as crimes unless it is combined with the behaviors of undertaking drugs as well as the behaviors of smuggling or illegal dealings of raw material and mixture for drugs. Only under the circumstances of mutual intention can it be taken as accomplices. The ammount of raw material and mixture for drugs is an important factor of sentencing, and"large ammount"is the creteria of offence and crime, only calculating the ammount of smuggling and illegal dealing proved by investigation, not given its purity. The ammount of the raw material and mixture for drugs without previous punishment can be added for those smuggling and illegal dealing many times, while sentencing those smuggling or illegal dealing many kinds of raw material and mixture for drugs it can be calculated by the ammount of one kind, and the ammount percentage of different raw material and mixture for drugs can be calculated by the standard percentage of sentencing.Section Four introduces the subjects and subjective aspects of the crimes of raw material and mixture for drugs the subjects of the crimes of common subjects including a natural person and a corporation especially the corporation crime is very outstanding, and the subjective aspects of the raw material and mixture for drugs is exclusively composed of the intention, which means knowingly smuggling or illegal dealing of raw material and mixture for drugs controlled by the state and the key point is"obvious knowing". The categories of raw material and mixture for drugs belong to identifying element and ifentification of the categories of raw material and mixture for drugs is the premise of crime intention, regardless of their chemical names and ingredients, the behaviorer should have an understanding of the nature of raw material and mixture for drugs, such as its legal use and easy to produce drugs, wheather or not he understands the offensive nature of his activity cannot influence the conviction for him. In the identification of the crimes of raw material and mixture for drugs it should be based on the offensive nature of basic facts, take the offensive nature as the basis of selecting objective facts and pay much attention to the relativity and comprehensiveness of basic facts.Section Five discusses the legislative history of the crimes of raw material and mixture for drugs in our country and sets forth some constructive proposals of law perfection. The legislation concerning the crimes of raw material and mixture for drugs is accompanied by the worse nacotic situation home and abroad, which is a little bit out of date and has some shortcomings. In the respect of criminal legislation we propose changing raw material and mixture for drugs to precusor chemicals and make legislative interpretation, adding crimes of illegal producing, transporting raw material and mixture for drugs and take"posting"as the means of smuggling precusor chemicals, suggesting regulating the ammount and purity calculation of precusor chemicals by law. In the respect of judicial interpretation we propose the ammount creteria of sentencing the crimes of precusor chemicals, based on the comprehensive consideration of the factors such as single ammount percentage of various precusor chemicals, its relative drug sentencing standard, illegal circulation and the priority of criminal policies. In the respect of administrative legislation, we propose further modifying the name lists of precusor chemicals and perfecting relative administrative law.