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Identified a number of issues of transporting drugs

Author: MaXiangFen
Tutor: WangGuiPing
School: China University of Political Science
Course: Criminal Law
Keywords: Transporting drugs Objective aspect Subjective aspects Accomplished
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 26
Quote: 0
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Abstract


This paper described four. The first part, transporting drugs Overview. I first leads to the current provisions of the criminal law on the crime of transporting drugs, analysis of existing criminal law provisions in simple counts to transport drugs to bring all sorts of problems in the judicial determination, it is necessary to clarify the concept of transport of drug offenses. I cited theorists different point of view, the concept of transporting drugs and a brief analysis of the evaluation of a variety of perspectives, on this basis, to redefine the concept of transporting drugs. Clear on the basis of the concept of transporting drugs, the author, based on the theory of criminal law and a brief analysis of the elements of the crime of transporting drugs from four aspects, to lay the foundation for the crime of transporting drugs identified below. The second part, the objective aspect of the crime of transporting drugs identified. Calculate the three aspects of argumentation identified the objective of transporting drugs exist to transport drugs from the target of a crime, the number of transport behavior and transport drugs, and propose appropriate solutions. In the identification of the object of the crime of transporting drugs, the author analyzes the concept of the drug, the essential characteristics, combined with the continuous emergence of new types of drugs in the judicial practice, as well as criminals constantly in exploring the use of new raw materials to manufacture and traditional drug dangers of considerable the basis of the comparative analysis of different points of view of the transport behavior of transporting drugs even poisonous greater substance, can be identified as drug problems in the judicial practice, so I think we should expand the range of drugs identified; on, I think that must be the from five territorial space, subjectivity, purpose and means to identify the transport behavior of the transport drugs;, a distinction should be made between the different types of drugs on the calculation of the quantity of drugs, and made of different kinds of how to convert between drug method, to determine the total amount of the perpetrator to transport drugs. The third part, of transporting drugs subjective identification. I believe that the identified behavior whether its transport drugs knowingly willfully transport drugs must be clearly identified, directly intentional nature constitute the crime of transporting drugs, indirect intent can also constitute the crime of transporting drugs, and does not require the perpetrator to transport drugs for commercial purposes. Of fourth part of transporting drugs Accomplished attempted identified. I first comparative analysis of several different viewpoints about of transporting drugs Accomplished with attempted in the comparative analysis of the FOB Accomplished say, \based on the FOB Accomplished say \In addition, the author analyzes the behavior alone transporting drugs and common implementation of the two cases of transporting drugs, behavior constitute the crime of transporting drugs Accomplished and Abortive Form.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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