Characterization Of Drug Trafficking Caught Before Delivery To Post

The current Criminal Code stipulates several crimes in drug crimes,including the crime of smuggling,trafficking,transportation and manufacturing drugs,the crime of illegally holding drugs,etc.at the same time,it specially stipulates the types,quantity calculation and the recidivism of drug crimes.Although the regulations are rich in content,drug crimes,as a part of social life,have their own complexity,which makes the crime more complicated There is still room for further research in the academic community.This paper is one of them.At present,whether in practice or in theory,the behavior of buying but not delivering drugs for the purpose of trafficking is generally regarded as the accomplished crime of drug trafficking,which is questionable.Its core lies in what kind of standard to define the accomplished crime of drug trafficking.This paper holds that the delivery of drugs should be regarded as the standard for the determination of the completed crime of drug trafficking,which mainly bases on the following reasons: first,it is reasonable to regard the purchase act for the purpose of trafficking as the act of "trafficking",but the determination of the act is only the element of the constitutive elements of the crime and not the element of the completed crime,which may lead to confusion between the establishment of the crime and the completed crime Second,it is impossible for drugs to enter the society when the public health is violated by the crime of drug trafficking.Third,the crime of drug trafficking,as a specific dangerous crime,emphasizes that the crime has caused the concrete danger to be completed,and the crime of drug trafficking has not yet been delivered can not be identified as completed.Fourth,the behavior of buying drugs for the purpose of drug trafficking but not transferringdelivery is regarded as accomplished,which does not achieve the goal of controlling the crime rate.Based on this crime of drug trafficking,the standard should be the act of drug delivery.With the rise of e-commerce,China’s logistics industry is more well known to the public,and drug trafficking and transportation through post is more common.How to further define the time node of "delivery" in cases involving mail transportation becomes the key to understand and resolve related cases.In order to cope with the complex social life,we need to further clarify the core concepts and standards of "delivery" itself.In addition,because controlled delivery is more used in the investigation and evidence collection process of drug cases,and the use of this kind of investigation means will bring about the impact on the identification of crime forms and sentencing,which also deserves our attention.In this paper,the current law does not have a clear premise,this special means of investigation is divided into two kinds of harmful controlled delivery and harmless controlled delivery to further discuss its impact on the conviction and sentencing of the case,and then the conclusion will be further expanded to analyze the impact of the introduction of investigation measures on the conviction and sentencing of criminal cases in a wider range.