Research On Smuggling, Trafficking In, Transporting Or Manufacturing Narcotic Drugs Crime Sentencing Problem

In the past, Drugs was a tool of imperialism invaded China. Now, the management of drug crime situation is still grim. Drugs do harm to drug users’ health and life directly, and then do harm to the family stability, inducing other crimes. The drug has a harmful effect on society as a result. China’s criminal law rules for drug charges in a separate section. China’s regulation on drug crime is very strict and even set the death penalty. It is crime no matter how much the amount of drug according to the relevant provisions. Smuggling, trafficking, transporting and manufacturing drugs is the core drug crimes. It often happens in the judicial practice and brings great harm to the society. However, the regulation of the crime is very brief leading to the different opinions.In the aspect of the accomplished and attempted of the crime, there exist different views. In the practice of the case can be very complex, the number of drug cumulative aspects of the provisions of the "raw" understanding is controversial. Purity of the drug in the criterions for the conviction of crime is not considered which whether reasonable opinions vary. For understanding the provisions of the drugs make chaos, led to the problem of how to apply the law in the competition situation.In order to fully implement the law, we need to study the crime constitution, crime number, accomplice, sentencing, recidivism, and puzzle boundaries of this crime. According to the different research methods, Punishment law can be divided into science of evolution criminal law, science of explaining punishment law and science of comparative criminal law. Understanding and applying law belong to science of explaining punishment law. It is necessary for this crime and attempted both accurate determination, the number of drugs in sentencing plot and purity, recidivism and other problems for further research. Based on the center of criminal law and combine the basic principle of criminal law, we conducted systematic research on the crime of Smuggling, trafficking, transporting and manufacturing drugs.Part one: Summarize the constitutional features and the statutory sentence configuration of smuggling, trafficking, transporting and manufacturing stipulated in current criminal law, induce the penalty configuration and the features of the applied heavy penalties and simply introduce the present situation of the applied penalties in trial practices.Part two: Mainly about the cognizance of both standard and attempted crime. The relationship of attempted crime and sentencing is discussed in this paper. The situation and attempted to do more specific analysis. Think that this crime should have four kinds of behavior unified with standard, belonging to the move. The cognizance of this crime attempted. In this paper, around the "start", "an offender" is discussed. Think of this crime should be: Drug trafficking is making drugs reach into border behavior in the process of going abroad. Drug trafficking is making drugs into the link of delivery. Transport of drugs is the behavior of drugs into the transport process. Manufacturing narcotic drugs is the behavior of drug raw materials into the manufacturing process. "An offender" means: Actor implemented to achieve into drug border behavior in the process of going abroad, But because the drug because of factors independent of the will not enter into the process, on the border of going abroad. Actor to make drugs into the delivery link behavior, But because the drug did not enter the delivery because of factors independent of the will. Behavior person to implement the behavior of drugs into the transport process, But because of his will drugs did not enter the shipping process. Actor implemented drug raw materials into the behavior of the manufacturing process, but against his will drugs raw material did not enter the manufacturing process.Part three: Analyze the impacts of quantity and purity of drugs on sentencing. Firstly, different types of drugs have different degrees of harm on drug abusers, the toxicity degrees of different types of drugs can be judged by the conversion formula deduced from experiments, and the conversion ratio of additional administrated drugs, which defined by the State Food and Drug Administration can ensure objective and scientific sentencing; secondly, the quantity of drugs is the most important factor in determining the most important factor in determining the perniciousness of drug crimes to society, and currently,drug quantity is the main criterion for court on determining the starting point for sentencing and benchmark punishment; Finally, a dialectical view should be hold on to what extent is the purity of drugs impact on sentencing.Part four: First has carried on the textual research to the nature of the drug again. Think drugs make legal heavier plot. For drugs, it again with general recidivist and special recidivist are compared. Think drugs make cross relationship with general recidivist, combined punishment for several crimes. For the problem of how to apply the solution: When the concurrence of drugs it again with the combined punishment for several crimes, the terms of the applicable should eliminate drugs made again. The concurrences of drugs it again with general recidivist, To avoid blindly apply make the regulation and indulgence, to apply to both "heavier" punishment is harsh punishment. In accord with conditions of a recidivist should according to recidivist relate regulations. Because the unit cannot constitute a recidivist, Unit recidivism section of drug crime should be combined punishment for several crimes, or be given a heavier punishment in accordance with the drug again.