Judicial Determination Of Attempted Drug Trafficking Crime

As an important part of drug crimes,drug trafficking crime has always been the focus of national control,and also one of the crimes of the criminal law,which has not given up the application of the death penalty in the punishment.However,due to the criminal law has only a simple description of drug trafficking crime and the lack of relevant norms and judicial interpretations,the dispute over the standard of drug trafficking crime has not been solved.In practice,the conviction of drug trafficking crime is not too controversial.As long as the drug trafficking behavior is implemented,no matter the amount of trafficking can be identified as drug trafficking crime,but there are differences in the identification of the stop form of drug trafficking crime.In some local judicial documents can find the crime of drug trafficking and attempted standards,the document of the crime of drug trafficking attempted standards,but the local establish obviously different standards,some local regulations as long as for the purpose of selling drugs as drug trafficking crime accomplished,and local drug trafficking into the trading link can be identified as the crime of drug trafficking.More prominent practical problems and temptation investigation case attempt,because of drug trafficking crime seriously disrupt social order,the law is the public health,the judicial organs to protect the law,increase the drug criminals,often use the temptation of investigation,and the implementation of the behavior affects the determination of drug trafficking crime is attempted,practice did not give a clear conclusion,the judicial organs in the case also often ignore the special circumstances,or just as a discretionary mitigation.In the academic circle,scholars hold different views on the identification criteria of the crime of drug trafficking,including four theories,namely purchase,contract,transaction and actual delivery,has not given a unified conclusion.And the temptation investigation case,temptation investigation itself is ambiguity,the implementation of different types of temptation investigation will produce completely different results,some scholars suggest to distinguish temptation investigation case and general drug trafficking cases,the temptation investigation case attempted standard,with a more cautious attitude to deal with temptation investigation case.For the above disputes,whether from the legal definition of drug trafficking crime behavior,crime form and with the guidance of attempted crime trafficking crime accomplished and attempted,or judicial practice of criminal policy guidance and from the perspective of maneuverability,will carry drugs to the trading place as drug trafficking crime accomplished and attempted standard is more reasonable.For temptation investigation case,temptation investigation as a special circumstances,should be a factor of drug trafficking crime,and because of the risk of such case law control,being seduced and in a relatively passive position,combined with the above theory and practice,the temptation investigation case attempted standard as actual delivery drugs is more appropriate.