On The Cessation Pattern Of Crime Of Transporting Drugs

The concept of transporting drug crimes is the important theoretical basis of the cognizance of Cessation pattern about transporting drugs crime.However,both in theory and judicial there are all have great divarication of the cognition about concept of transporting drugs crime.In addition to the concept of transporting drugs crime,the“legal interest”,“conduct” and “intentional”and “object” which are in the constitutive elements,all these are closely related to the cessation pattern.The legal interest of transporting drugs crime is the public health;on the one hand,The essential meaning of "Traffic " is circulation,rather than the transform of physical space.At the same time,to understand correctly the connotation of“ transport ”is also need to grasp aspects of“space”? “ntent”?“illegal” and “independence” ect.On the other hand,“Intentionally”which needs people is subjective learning for drugs;but “Object” is only drugs,whether it is the drug or not,it requires a comprehensive identification according to legal provisions and the nature of the drug.In judicial practice,the biggest problem of drug transport crime in preparation is how to distinguish the behavior belongs to reserve behavior or implement the behavior,and the distinction is the key time node's behavior,if it occurs in before beginning,it belongs to the preparation behavior,otherwise it should belong to the stop form other.In order to correctly distinguish and accomplished the attempted crime of transporting drugs found,we should first understand how to identify the crime of transporting drugs.The implementation of criminal behavior to identify “subjective”and “objective” and “compromise” three views,“compromise” on the one hand,to overcome the inherent defects of subjective and objective,on the other hand also conforms to the principle of unification of subjective and objective theory of China's criminal law,so it should be to be adopted.Finds that the implementation of the act,should be based on the implementation of the different acts of classification,not to go beyond the preparatory acts and the time of the crime,location,the nature of the case to a comprehensive judgment.According to the different modes of transport of drugs and transport links,the behavior of people to take drugs out of the initial storage is to begin.The distinguish standards of accomplished offense and attempted distinguish standards are“the initiation”,“the destination Accomplished” and “the departure Accomplished”.From the intention of the legislation,the essential meaning of the transport and guiding legal interests these three parts to consider,the shipment Accomplished is more reasonable.According to the departure Accomplished,in the case of separation of people and goods,the public transport sector is accomplished.For reasons other than the will of the perpetrator failed,the attempt was made member.In the case of people and goods counterparts will conduct drug into means of transport and leave the place is Accomplished,for reasons other than the will of the perpetrator,which drug was unable to leave the place is attempted.The perpetrator away from the store before the drugs to do the preparatory work to prepare for the transportation of drugs.According to suspend spatial and temporal scales crime occurred,can be divided into preparation suspension,suspension of the implementation phase and the end of implementation.but there is no suspension in the end of implementation in transporting drugs crime.According to the time and space scope of the crime,the crime can be divided into three types: the preparation of suspension,the suspension of the execution stage and the end of the suspension.The suspension of the simple accomplice requires the actor to cut off the connection between the two aspects of the subjective and objective view.For complex accomplice,collusion in instigation instigator should not only stop their instigation,should also be effective to prevent others from implementing drug transport behavior,at this time to discontinuation of the drug transport instigator;in addition to stop organizing criminal instigation,must also be through the implementation of certain positive actions to effectively prevent to the development of joint crime consummated form;the establishment of suspension of offenders who help to eliminate the effect of helping behavior is the necessary condition.Due to the controversy over the standard of recognition about cessation pattern,it is common for the judge have an err on the characterization of cessation in judicial practice,resulting in the sentence being too light or too heavy.According to the research and analysis of the cases collected in this essay,the sentencing penalty of the judge isserious,and there is a clear and common sentencing standard confusion.In view of the existing problems about cessation form,this essay puts forward some suggestions based on the current argument.