Research On The Completion Standard Of Drug Trafficking Crime

In China,the number of drug trafficking cases ranks at the forefront of various criminal crimes.Although the criminal policy of strictly cracking down on drug crimes has a good effect of deterring criminals and reducing crimes in a short time,it cannot effectively control drug crimes in the long run.Throughout the provisions of our criminal law,it is found that there is no clear stipulation on the successful standard of drug trafficking crime,in addition,there is a great controversy in judicial practice.By sorting and analyzing 202 cases,these cases are divided into seven stages according to the course of drug trafficking.It is found that different courts may have divergences about the same case,and even some cases may have completely different views between courts and procuratorates.There are two main reasons for the disagreement: first,the interpretation of the legal interests of drug trafficking crime protection is different;Second,the interpretation of the normative meaning of trafficking behavior is also different.In the theory of criminal law,the determination of the successful standard of drug trafficking crime is generally mentioned in the domestic common criminal law textbooks or even not mentioned at all.It can be said that the periodicals and literature available for the author to consult are relatively limited.Because the criminal law of our country does not clearly stipulate the accomplished standard of drug trafficking crime,so the theoretical study of criminal law is very important,criminal scholars mainly put forward the contract theory,transaction theory,delivery theory,buying theory,transfer theory and fuzzy definition theory.According to scholars of the contract theory,it is considered completed when the buyer and seller reach a contract.The scholars who hold the theory of trade believe that it should be based on whether drugs enter the trading link,and other factors do not affect the establishment of the successful crime of drug trafficking.Scholars who hold the theory of delivery believe that drug trafficking is a kind of transfer of drugs,and the doer constitutes the completion of the crime of drug trafficking.Subjectively,the doer should have the intention of drug trafficking and objectively carry out the transfer of drugs.If the perpetrator does not actually deliver the drug,but merely enters into an agreement with others,the perpetrator of drug trafficking cannot be considered to have accomplished the crime of drug trafficking.Scholars who hold the buy-in theory believe that if the doer buys drugs for the purpose of selling,the purchase of drugs constitutes the completion of drug trafficking.Scholars who hold the transfer theory believe that if the drug is actually transferred to the buyer,it is a accomplishment,and other factors do not affect the establishment of the accomplishment.Scholars who hold the theory of fuzzy definition believe that the identification of the criminal form of drug trafficking crime should be blurred or even canceled in judicial practice.They advocate taking the establishment of a crime as the core,canceling the distinction of the criminal form,and insisting on the objective imputability theory to complete the attribution of results.The crime of drug trafficking should take the actual transfer of drugs as the criterion of success.From the perspective of legal interests,it is considered that the legal interests protected by the crime of drug trafficking are the lives and health of citizens.Properly grasping the legal interests protected by the crime of drug trafficking is conducive to identifying the criminal forms of drug trafficking.It is carried out from three aspects: foreign regulations on trafficking behavior,China’s regulations on trafficking behavior and the normative meaning of trafficking behavior.It is considered that trafficking refers to the behavior of selling,selling and paying to transfer drugs.From the perspective of behavior crime,it is considered that the crime of drug trafficking is behavior crime,and the basic condition of establishing the crime is that the behavior itself is dangerous to the infringement of legal interests.Based on behavior made with principle analysis,think ACTS committed with standard must conform to the general provisions of the criminal law theory of crime with the standard of system arrangement,in the process of drug trafficking,drug transfer is turn danger into real harm to the last step,the civic life,body health law benefit will result in the highest degree of danger,therefore as drug trafficking crime accomplishment.Under the guidance of this specific standard,it will facilitate the analysis of controlled delivery or detection of drug trafficking,the trafficking of counterfeit drugs,the purchase of drugs for the purpose of trafficking and the cessation of trade because of the change of trade partner or the price difference.In the case of controlled delivery or induced detection of drug trafficking,where the drug does not enter society and does not pose the greatest risk to the legal interests of the life and health of the citizen,it cannot be considered a success.The behavior of selling fake drugs should not be punished as the crime of selling drugs.The analysis is mainly carried out from the Angle of the infringement of legal interests,the statutory punishment setting of the crime of selling drugs and the Angle of evidence.The behavior of buying drugs for the purpose of trafficking should be considered as criminal preparation,and the analysis is mainly carried out from the perspective of how to understand the meaning of "trafficking" behavior,the degree of infringement of legal interests,and the difference between this behavior and the risk of infringement of legal interests caused by transferring drugs.The temporary change of the transaction object does not occur in the real transaction link,so it cannot be considered as the implementation behavior of drug trafficking,but it will also cause little danger to the legal interests,so it is considered as the preparation of drug trafficking crime.Clarifying the successful standard of drug trafficking crime will be helpful to guide the judicial organs to carry out correct sentencing.