On The Completion Standard Of The Crime Of Drug Transportatio

Since the Opium War,drugs have been in constant control in my country for a long time.Especially with the upgrading of science and technology,drugs have become more and more diversified and complex.Various new drugs have appeared one after another,and drug crimes have become more frequent..However,in view of the limitations of legislative technology and the defects of judicial technology,there are still problems such as omissions in criminal legislation and disorder of criminal justice in the control of drug crimes in my country,especially when judging the accomplished standard of drug transportation crimes,there are great differences.In the judicial operation process of determining that the crime of transporting drugs has been completed,not only different courts have adopted completely different judgment standards for the same case,but also the judgments of the same court in different periods of the same case are also very different,and the crime of transporting drugs has been completed.The regional differences and stage differences of standard judgments have intensified.The judicial chaos of different sentences for the same case and different reasons for the same crime undermines the guidance and fairness of criminal legislation.The different forms of cessation of crimes achieved by the offender’s behavior of transporting drugs have a direct and decisive impact on his conviction and sentencing.On the issue of the nature of the standard for the completed crime of transporting drugs,although theoretically it can be divided into three schools: the objective theory,the subjective theory and the compromise theory,but through research,it is found that the current theoretical circles advocate the objective theory,and there is no support for the subjective theory.and eclectic scholars.As a result,under the objective theory,there are conflicting and opposing viewpoints such as the theory of arrival at the destination,the theory of departure,the theory of reasonable displacement,the theory of drugs entering the state of transport,the theory of drugs entering the means of transportation,and the definition of methods.The judgement of the completed drug crime standard has been criticized.Therefore,getting out of the theoretical myth of the standard judgment of the accomplished crime of transporting drugs and exploring the proper plan for the accomplished standard of the crime of transporting drugs can play the role of crime control and human rights protection.This article argues that the completed standard for the crime of transporting drugs should take this technical specification that says the drug entering the state of transportation.To this end,the theoretical controversy of the standard of completion of the crime of transporting drugs is first elaborated and evaluated one by one.Second,snoop on the reasons for the theoretical disagreement on the standard of completion of the crime of transporting drugs.In other words,it is mainly reflected in four aspects:the understanding of the standards for the completion of the crime,the different understanding of the transport of drugs,the differences in the legal benefits of the protection of the crime of transporting drugs,and the differences in the interpretation of criminal policies.Finally,based on theoretical support and judicial status,the theory of drugs entering the state of transportation is proposed as the completed standard for the crime of transporting drugs,and then the application of this theory under the two types of transportation of self-domination and non-self-domination is analyzed in detail,so as to ensure the certainty and relative openness of the completed standard of the crime of transporting drugs.