A Study On The Difficult Problems Of Crime Of Transporting Drugs

Drug-related crime in today’s economic expansion spiritual emptiness of the back ground is a serious problem facing mankind. Drug consumption is increasing market demand,the drug-related crime and to a new wave. For drug offenses in transporting drugs, the problem in this background and the impact caused by the impact of China’s current criminal law theory and judicial practice, transportation accounted for the vast majority of drug-related crimes in the local public security organs cracked drug crime cases proportion, while the criminals to transport drugs have diversified manner to transport drugs. And no conviction will be transporting drugs alone in the current criminal law of our country, but to choose the manner prescribed in the guilt of smuggling, trafficking and transporting drugs sin. While transporting drugs itself, there are many controversial and yet to sort out the problem. Re-examine the value of transporting drugs from the entire community to maximize the benefits of starting, transporting drugs to draw the reasonable scope of concrete is essential, and it is desperately needed in today’s society. The total walk in front of the theory of practice, which is the inevitable development of social history, difficult problems of transporters present in the current drug-related crimes for the benefit of current criminal law, it is the intention of this writing.The first part reviews the macro level in Europe, Japan,Malaysia and China on transport history of drug crimes,drug crime sand transport requirements development process and the specific circumstances of sentencing convicted specific norms,legislation on transport through the world of drug offenses provisions of comparison,the concept of transporting drug sand crime write rex pounded views on the nature of the concept of the crime of transporting drugs;micro level,in order to transport drugs concept of crime, the nature of the results of the theory as the basis of today’s outline of transporting drug sexist in judicial practice difficult problems fort he commencement of the subsequent foundation of this article.The second part of the most drug-related crimes against transport core content that transport drugs to explore the behavior, the first under the provisions of the Criminal Law on the crime of drug transport regulations,the author describes the specific concept for the transport of drugs offenses;Secondly, according to the transport behavior aspects of the subject,distance transport, transport path sand channels should be analyzed and transportation division of the types of drug offenses;final elaboration of the drug for the individual behavior and drug abuse to carry two or more common "concealment theory on the basis of the previous"how the qualitative behavior of transporting drugs.The third part presumption of mens rea for the crime of transporting drugs demonstration conducted, as described in the drug-related crime "presumption" principle,"knowingly" The purpose of the identification with the flow of drugs and crime in three parts, from the start on the principle of presumption, through "knowingly "analysis, uncover transporting drugs" knowingly "content is the perpetrator knows or ought to know himself apprehended carrying, mailing, transport drugs, will have the purpose of transporting drugs in circulation as transporting drugs on the establishment of the necessary subjective conditions.The fourth part discusses the common crime to transport drugs, the conditions common to transport drugs through the analysis of crime,in particular judicial practice demonstrate show to correctly distinguish Transportation principal and accomplice common crime,as well as specific provisions for punishment accomplice sentencing.The fifth part introduces our research on the death penalty for drug offenses transport for transporting drugs currently exist in theory,the abolition of the death penalty debate, the author discusses the necessity to transport drugs offenses save the death penalty in the criminal policy of combining punishment with leniency Next,based on the subjective aspects of the criminal process to transport drugs to consider human behavior accurately apply the death penalty.Part VI describes the basis of the text of the previous necessity to transport drugs crimes against reform,the importance of proposed establishment of a separate crime of transporting drugs and the fight against crime to transport drugs practical value,as well as a separate set of transport punishment to drug crime sand sentencing standards of reason able setting.