On The Completed Standard Of The Crime Of Drug Trafficking

The “Report on the Drug Situation in China 2018” issued by the Office of China National Narcotic Control Committee shows that China’s narcotic control has made remarkable achievements,with the gradual improvement of narcotic control in China.However,it is undeniable that the crime of drug trafficking is still one of the most serious crimes that endanger the order of social management,also one of the more frequent crimes.Because of the failure of the existing laws and judicial interpretations to clearly stipulate the completed standard of the crime of drug trafficking,different opinions arise on the handling of such cases in judicial practice.Since the crime of drug trafficking causes great harm to society,it is of great significance for criminal law theory and judicial practice to accurately determine whether the drug trafficking committed by the offender has been completed.Taking a drug trafficking case committed by the Lu as an example,this thesis studies the completed standard of the crime of drug trafficking,and analyses the common issues such as the constituents of the crime of drug trafficking and its implementation behavior,which are controversial in the current judicial practice and criminal law theory circles.This thesis is divided into four parts:Part One introduces the basic information of the case mentioned,the case of drug trafficking committed by the Lu,which was handled by the author in the criminal procuratorial work and then summarizes the divergent opinions and the focus of controversy.Part Two makes the jurisprudential analysis of the related issues of the determination of the completion of the crime of drug trafficking.This part firstly starts with the different viewpoints on the completed standard of the crime of drug trafficking in the current judicial practice and theoretical research,analyses the deficiencies of different viewpoints,and then elaborates that the complete constituents are the criteria for determining the completed standard of the crime of drug trafficking.Meanwhile,combined with the research results of scholars on the crime of drug trafficking,this thesis analyzes the different situations of drug trafficking that may occur in judicial practice,and expounds the author’s viewpoint on determining the completed standard of the crime of drug trafficking.Part Three draws a conclusion that the Lu’s behavior constitutes the crime of drug trafficking(completed)through legal analysis.Part Four elaborates the research enlightenment of this case,and proposes some suggestions of the author,hoping to be conducive to criminal law theory and judicial practice.