The Case Analysis Of Drug Trafficking Crime By Lv

The judgment of the case by Lv has aroused great controversy between the theorycircle and judicial practice circle. There are two focus of this dispute: on one hand, itis whether the defendant’s conduct constitutes accomplished crime of drug trafficking;On the other hand, Amount of drug trafficking should be consistent with that (1grams)of the two sides agree in advance or the amount (3.7980grams) in the spot? Thispaper analyzes the disputes in this case in combination with specific judicial criterionof judicial practice and criminal law circle for drug trafficking crime.The defendant’s conduct constitutes attempted crime of drug trafficking. Thestandard of accomplished crime of drug trafficking do not use the contract fulfillmenttheory, because on one hand, the theory ignores the difference between the contract ofsale in civil law and drug trafficking in crime law; on the other hand, the theorycontraries to the theory of joint criminal. The standard of accomplished crime of drugtrafficking do not use the drug trade theory, because it is difficult to define the tradelinks of the crime of drug trafficking. The standard uses the drug delivery theory. It isdecided by the legal interest protected by the drug trafficking, the core behavior ordrug trafficking and national legislative experience.The behavior that Lv carries the drugs of2.7980grams belongs to generaloffenses. Court violates the rule of doubt in favor of defendant and the principle oflegality.Presumption is a double-edged sword. In order to make full use of its positive andinhibit its negative, presumption should be regulated in the application of drugtrafficking. Firstly, in the system, we should be strict with the subject, standardize thecondition and protect the rights of defendants. Secondly, form the judicial, we shouldgive the defendant the opportunity to prove himself and apply the death penaltycarefully.