The Criminal Cessation Pattern For Common Drug-related Crime

In recent years, China’s drug-related criminal cases is high, and showed a rising trend year by year, much worse. Judicial organs in handling cases of drug in the process, is faced with not only the number of cases of impact, at the same time, drug offenders more cunning, crime means constant renovation, full of tricks; but as a result of our country criminal law on drug crime legislation and judicial interpretation’s careless system does not support, leading to the judicial organs in dealing with drug crimes in particular, article347th of the criminal law in the process of drug crimes, the criminal cessation pattern on a standard master. From the vertical perspective, the same court at different times for the same problem different cognizance; from the horizontal perspective, appeared the same period different court against the same issue in different sentences." With the crime of different sentence" due to legal evaluation, guidance value, seriously affected the fairness and authority of law. Along with" on death penalty cases are dealt with examining and judging the evidence of and" on the handling of exclusion of illegal evidence in criminal cases of come on stage in succession, the advanced judicial idea and backward investigation the contradiction of level, advanced program rules and backward entity standard the contradiction, had become restrict our country in the process of rule of law bottleneck.This article written original cover for drug crimes to stop the form of drug crime or non-crime, this crime and other crime, sentence weight standard plays an important role, but because of a blank in legislation, making this issue be scholars, judicial practice the key object of study. Overall, according to researchers who study different focus, the author will be divided into two categories:one category is to advocate the modesty of criminal law theory research; one is to promote justice and convenient practical research. The practice at the same time study, and because the positions of the different divided into:general condition study and critical condition research. Radical station in safeguarding public interests, strictly crack down drug crimes position, reducing the drug crime access standards, and the Conservatives standing in the maintenance of criminal suspects, defendants the rights and interests, improve the drug crime access standards. With the acceleration of the process of rule of law, research on this issue has also made certain achievements, the current academic and judicial circles generally there are four kinds of Views:one is the theory of crime purpose, two is a crime, said the results of three constitutive elements of crime is said, four is the infringement of legal interest. But in view of different drugs, crime, and there are a lot of differences in opinion. Only in trafficking, drug transport crime as an example, the drug standard of accomplishment of the academia has said, the delivery of said contract, transaction completion of said, buy, for the purpose of holding said to sell, say, arrive and departure that rational displacement of said different views and ideas, yet divergent views or claim is far more than these, unable to enumerate exhaustively one one author. Can say in theory or in judicial practice are not formed on the drug crime form unified understanding. The morphological study on drugs crime is mostly seen in judicial case study analysis, the lack of systematic theory research. As a long-term engaged in drug line of judicial personnel, attempts to drug crime, the constitutive elements of a crime and crime intention relationship analysis, combined with the judicial cases, the existing views and ideas of system analysis review, absorbing its reasonable kernel, in theory and practice, conservative and radical opposition to find the point of drug crime, through agreement, begin, hold state argument, in order to complete system reveals the process of drug crime in different stages in different pattern, but also a preliminary analysis of some special drug crimes, especially for controlled delivery of drug cases, cases and other special cases of criminal cessation pattern recognition.