Research On The Crime Of Transporting Drugs

The word transport seems quite usual, but sometimes transportation can cause serious harm to society. The seriousness of this action is decided by the object be transported, such as drug. Transporting itself in nature is closer to a helping behavior instead of an independent behavior, which is a intermediate links in a series of criminal behavior. Transport is important in the criminal process, but it does not play a decisive role. But the crime of transporting drugs is place in the same statute with the crime of trafficking, smuggling, manufacturing drugs as a selective accusations, and they share the same penal punishment standards. It shows the degree of attention of the legislators, and it also shows the attitude to crack this type of crime down.Drug crime is the focus crime area all over the world. It is also one of the most important key issues been concerned by the theory acadamic. However, the research on the crime of transporting drugs are short of systematization. There is a little of cotradiction in the theoretical analysis. In judicial practice,there also exist some difficulties of the judicial application of the crime of transporting drugs. The guidance issued by the supreme people’s court and the supreme people’s procuratorate are different. I intend to analysis the crime of transporting drugs in order to clarigy the understanding of this type of crime, hoping thereby to guidance the judicial application of this type of crime.This paper can be divided into 3 parts:Part 1: A summarize of the crime of transporting drugs. Firstly, by sorting out the legislation for the crime of transporting drugs from ancient to modern, indicating that the transporting of the drugs was always one of the most important part for the government. Secondly, introduce the current legislation on the crime of transporting drugs. Thirdly, analy and demonstrated the value of the crime, to answer some scholars’ questions about the independence of the crime.Part 2: Analysis of the constitution of the crime of transporting drugs in both subjective and objective aspects.On the subjective aspect, the establishment of the crime requires the perpetrator understanding the goods he transports. The judgement can be done by reasonabel presump which is depends on the objective circumstances. The requirments of the will of the crime will excluded negligence. But the should include direct intent and indirect intent. Through the analysis of the relationship between the intention and the purpose, combining with the provisions of the law, I believe that the crime does not require the purposes. At last, the paper discussed the wrong understanding issues in the crime of transporting drugs. On the objective aspects,through the analysis of the characterisrics of transport behavior, reveal the particularities of transport behavior in the crime of transporting drugs.Definition of the transport behavior in the criminal law itself clearly to make this type of behavior being distinguished is pretty important. I also discuss the new type of transporting such as procurement service. Make the meaning of “transport” in penal law more clarification and distinction. The quantity of drugs found to be an important content of the conviction and sentencing of the crime of transporting drugs, but also a difficulty in judicial practice. This paper analyzed the meaning of the quantity of drugs and the conversion of the number of drugs.Part 3: Analysis of the special form of the crime of transporting the drugs. The crime of transporting the drugs is a type of the behavioral offence. The crime identification of this kind of crime can just based on the transport behavior. Other specific harmful results do not be required to appear. It is a regular item for discussion that how to judge if the behavior is completed,or if the crime is completed. So do this paper. Transport behavior is often linked with other criminal behaviors upstream and downstream in juridical practice. The perpetrator engaged with transport type of crime may also commit manufactuting behavior or purchasing behavoir upstream. The perpetrator may also be simultaneosly involved in trafficking behavior or smuggling behavior downstream. As in the previous case, there is room for discussion in the question how to judge the number of the crime. And even the value of the transport type of crime is queried. In addition, the perpetrator who commit the transport behavior may be presented to have intentional contact with the perpetrator who commit other crime upstream or downstream. Then the difficulty to judge if they constitute a common crime is an unavoidable and widespread problem...