On The Construction Of Public Officers Property Declaration And Announcement System In China

Because the intermediate behavior of drugs build a bridge to the drug crime, accelerating the flow of drugs, it became the object of crime attack. There are some disputes that theory and practice for the nature and role of drug intermediate behavior. In the fight against drug crime, criminal investigation plays an important role. But there are different views that the nature of the behavior and criminal responsibility when criminal investigation personnel investigating the crime. In the drug trafficking case of Shi, Li and Tang, relating to the determination of drug intermediate behavior properties, effect and properties and the criminal responsibility of the personnel of secret investigation when criminal investigation personnel investigating the crime. There are three controversial points in the case, one is the behavior of the defendant Shi's behavior whether only belong to the sitting help behavior, the second is the defendant Li and Tang's act whether belong to the criminal investigation act, the third is whether the defendant Shi in the joint crime is an accomplice. About the first point, through the analysis on the concept, characteristics and the intermediate behavior the subjective and objective aspects, we can know that the act of the defendant Shi's does not belong to the sitting help behavior,but the act of direct selling drugs. On the second point, through the analysis of whether the defendant's conduct is authorized and controlled by the public security organs, we can know that part of the behavior of the defendant Li, Tang did not get the authorization and controlled by the public security organs, belong to the personal crime, can not be exempted from criminal liability. On the third point, through the analysis on the defendant's status and behavior of common crime, comprehensive considering the formation of the behavior of people, whether participating in the whole criminal activities, the implementation of behavior in the crime of the key elements in the degree of behavior, we can know that the defendant Li belongs to the principal. Through the analysis of the controversy in the case, we hope to have a positive impact on criminal regulation of intermediary behavior of drug crime in our country and better use of secret investigation in the fight against drug crime.