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On the Identification of Drug Trafficking Crimes and Sentencing Applicable

Author: LiuDaYong
Tutor: XuZuo
School: Jilin University
Course: Legal
Keywords: Crime of drug trafficking Judicial determination Sentencing Application
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 116
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Abstract

In today's rampant drug-related crimes, the crime of drug trafficking has also become commonplace, the most common crimes in drug-related crimes. The drug traffickers molecules is difficult to resist the temptation to engage in drug-related crimes has brought huge profits for drug trafficking. Drug-related crimes serious harm to people's health, the corrosion of the human mind, seriously undermine the social order, while a strong impact on the moral system of society, causing serious damage on individuals, families and the community, its serious social harm has been the world attention, and continue to step up our efforts to try to control the development and spread of the poison. However, due to the drug trafficking crime emerging new forms, existing relevant criminal legal system to punish drug trafficking crime is increasingly Zhen show imperfections, the law is not perfect, leading to different standards of judicial determination in the same situation, local judiciary, and even different judges of the same court in dealing with cases of drug trafficking by applicable law, identified the standard sentencing range, there is a big difference, so, on the one hand, unfair sentencing, to the detriment of justice; on the other hand, contrary to equality before the law principles of criminal law, to the detriment of the defendant protection of the rights required by applicable law, recognized standard sentencing range to master different, leading to the appeal cases account for a large proportion of waste a lot of judicial resources. This thesis is divided into five parts, respectively, for the crime of drug trafficking overview of the crime of drug trafficking Accomplished with attempted identification, traders raised suction type trafficking identification of the crime of drug trafficking drug offenses accomplice identified crime of drug trafficking penalties specific applicable. The first part is an overview of the crime of drug trafficking, from the concept of the crime of drug trafficking, the characteristics of the nature and drug trafficking behavior manifestations four aspects to a comprehensive and systematic understanding of the types of drugs, the current international and domestic situation, drug trafficking and the more common drug trafficking in the form below specific understanding and analyzing the argument trafficking drug offenses basis. The second part is the crime of drug trafficking Accomplished and Attempted the several crime of drug trafficking, the part of the more recognized from China 刑法理论界 first Accomplished finds that the standard theory, a comprehensive analysis of all kinds of theories, combined with the nature of the crime of drug trafficking, citing the case discuss specific legal interest real harm theory finds that the crime of drug trafficking Accomplished with attempted rational and scientific, Accomplished with attempted classified according to the legal interest theory of real harm to the manifestation of the common crime of drug trafficking. The third part is \raised sucking \The fourth part the identified crime of drug trafficking complicity, which includes the definition of the crime of drug trafficking accomplices, trafficking of a principal and an accomplice in the crime of drug identified, the middleman trading behavior of drugs identified problems, the part is mainly based on the theory of criminal law on common crime, principal accomplice knowledge, combined with the existing laws, judicial interpretation of the provisions and common drug trafficking manifestations, to analyze the culprits and accomplices identified common drug trafficking, in particular the nature of the behavior of the drug trade behavior middleman what circumstances constitute the crime of drug trafficking accomplices. Part V applies specifically to the penalty for the crime of drug trafficking, this section briefly discusses the case with sentencing the Application of Unit drug trafficking, trafficking in the number of the crime of drug trafficking, trafficking in drugs combined punishment of the crime of drug trafficking offense recidivism. First of all, from the criminal law and judicial interpretation of the penal provisions of the crime of drug trafficking, to understand the specific penalty overview of China's criminal law on the crime of drug trafficking, followed according to our legal brief description unit can become the main body of the crime of drug trafficking, and drug trafficking unit commits the sin penalties principle. Third, the quantity of drugs in the crime of drug trafficking sentencing status, highlighting grasp the principles, of the death penalty in the case of drug trafficking cases on the quantity of drugs and drug content lower number of new drugs, combined with the purity of the drug problem, be taken into account when sentencing envisaged. Fourth, the section on the common ancestry drugs and narcotics are discussed in the analysis were implemented manufacturing, trafficking, transportation and other different kinds of behavior to determine the number of offenses and sins, and the nature of the theft, robbery and other illegal means to obtain drugs identified and the problem of identification number of the crime of trafficking drugs to be obtained through the above channels. I hope the crime of drug trafficking through the paper play play to prevent crime, a stable society with good results.

On the Identification of Drug Trafficking Crimes and Sentencing Applicable

Abstract

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