On Transport Drugs

This article consists of four parts totaling 34, 000 Chinese characters.Part 1: Establishment of charges on drug transport. In this part, the author elaborates the historic evolution of the drug transport charge through comparison on the international convention, foreign legislature and domestic legislature, and the necessity for establishment of the charge in fighting drug crime and its positive significance.Part 2: Concept of Drug Transport Crime. In this part, the author induces the concept of the drug transport crime through detailed analysis on the four constituents of the drug transport crime and comparison on the different viewpoints and practice in the theory circle and the practice. Furthermore, the author also discusses on whether the minor above 14 years old and below 16 years old trafficking drugs should bear the criminal responsibility, and the difference between the action of transporting and trafficking or smuggling, and whether the indirect intention during transportation of drug and the criminal motive and purpose for transporting the drugs constitutes the necessary conditions for finding guilty of the charge.Part 3: Legal definition for several difficult problems on the crime of transporting the drugs. In this part, the author mainly elaborates the three main problems easily confused during practice on the criminal pattern, determination of the drug transport drugs and the punishment standard, makes in-depth analysis on differing viewpoints and finally attempts to unify the different understanding and work methods during practice.Part 4: Suggestions on legislation of drug transport crime. In this part, the author concludes from three points of reasons that the crime of drug transport shall be separated from the alternative charges. Meanwhile the statutory sentence should be mitigated appropriately and the action endowed with due legal assessment.