Research On The Crime Of Transporting Drugs

In recent years,drug crimes have developing so fast and fiercely that derives violent crimes,fraud crimes,the underworld property of organization crimes,and so on.It has been serious threat to the social harmony and development.Still,the crime of transporting drugs has been high proportion that is increasing year by year,has become the focus of the society all walks of life.On legislation,however,the behavior of transporting drugs was only simply stipulated in article 347 of The Criminal Law for selective charges.Not only the charge is so simple,but also applies to the uniform standard for conviction and sentencing with more severe behavior of drug smuggling,trafficking in,manufacturing.It has caused a heated argument because of violating the principle of balance between the offenses and punishment.On the judicial application,the judiciary feels confused,even more uncertain on account of the simple legislation and the complicated judicial interpretation.In theory,the research on the crime of transporting drugs is much controversial due to the complexity of drug transporting behavior.Therefore,it is necessary to research the issue especially in order to punish crimes and maintain social harmony.The article attempts to take typical cases in judicial practice as the breakthrough point and summarizes the existing theoretical research results.Meanwhile,the paper will make a research in-depth on the related complex problems by means of comparative research,empirical analysis,literature research and so on.The article contains the following parts.The first part,analyze the legislative overview about the inside and outside.A concrete analysis for conviction and sentencing about the crime of transporting drugs will been done.Their similarities and differences also will be analyzed.The second part,explain the concept of the crime of the transporting drug in theory.Still,analyze their advantages and disadvantages,put forward to the new concept.Then,the paper discusses the complex problems of the crime of transporting drugs in the objective and subjective elements:to analyze the behavior types mainly,to distinguish the relationship between it and illegal possession,transfer and smuggling;to focuses on whether the indirect intent constitutes the crime of transporting drugs;to analyze the psychological factors of subjective knowledge and how to evaluate the behavior when it is a misconception.The third part,study the criminal pattern of the crime of transporting drugs including the joint offense,the distinction between accomplished crime and attempted one.The fourth part,elaborate the legislative problems in our country and put forward some amendments on the basis of foreign legislative experience including criminal law prescribed and the description of the crime.