Study on the accomplished judgment standard of the crime of transporting drugs

• 발행기관: 아시아사회과학학회
• 저자명: Liu Nian Qu Jinshuai
• 간행물 정보: 『Journal of Asia Social Science』Vol.3 No.1, 103~119쪽, 전체 17쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2021.04.30

영문 초록

Because the provisions of the criminal law on the crime of transporting drugs are too abstract, the judicial staff have different judgments on the accomplished crime of transporting drugs, and the phenomenon of different reasons for the same crime sometimes appears, which undermines the stability and consistency of the judicial judgment. In the trial practice, there are opposites in judging the accomplishment standard of the crime of transporting drugs, such as departure theory, reasonable displacement theory, behavior completion theory, entering the means of transport theory, leaving the scene theory and holding behavior+purpose behavior theory . Combined with the legal logic and legislative spirit of the crime of transporting drugs, it is considered that drugs enter the transportation state is the accomplished judgment standard of the crime of transporting drugs. In the case of the integration of people and goods, the shipment of drugs means accomplishment, while in the case of the separation of people and goods, it is necessary to take drugs entering the transportation state as the substantive standard to analyze the specific types. The system structure of the theory that drugs enter the transportation state under the discrimination system has both functionalism and purposiveness, which is conducive to promoting the realization of crime control and human rights protection functions.

목차

1. The Question is Raised

2. The Practical Differences in The Judgment of The Accomplished Form of The Crime of Transporting Drugs

3. The Practical Dilemma of Judging The Accomplished Standard of The Crime of Transporting Drugs

4. The Practical Approach of Judging the Accomplished Standard of The Crime of Transporting Drugs

5. References

키워드

Crime of transporting drugs Theory of departure The theory of entering the transportation state Accomplished crime