Education, Science, Technology, Innovation and Life
Open Access
Sign In

Determination of the Accomplished Standard of the Crime of Drug Trafficking by Delivery

Download as PDF

DOI: 10.23977/law.2024.030114 | Downloads: 8 | Views: 194

Author(s)

Guo Shisen 1

Affiliation(s)

1 People's Public Security University of China, Beijing, China

Corresponding Author

Guo Shisen

ABSTRACT

Throughout the provisions of China's criminal law and judicial interpretation, there are no clear provisions on the accomplished standard of the crime of drug trafficking, resulting in different views in the theoretical and practical circles. After the intervention of the delivery factors, it has already affected the determination of the accomplished of the crime of drug trafficking. Postal drug trafficking can be divided into two types: selling directly by mail and purchasing by mail for the purpose of selling. The legal benefits protected by drug crimes are public health. Only when the buyers and sellers enter the actual transaction link, can there be a real and urgent threat to the public health. Based on this, drug trafficking by mail should adopt the accomplished standard that the drug buyer enters the actual place of receipt. In the sell directly by mail type, the buyer refers to the person who purchases the drugs, while in the purchasing by mail for the purpose of selling, it refers to the perpetrator's next person.

KEYWORDS

Drug trafficking by mail; drug trafficking crime; accomplished standard

CITE THIS PAPER

Guo Shisen, Determination of the Accomplished Standard of the Crime of Drug Trafficking by Delivery. Science of Law Journal (2024) Vol. 3: 87-94. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030114.

REFERENCES

[1] Liu Zuoxiang. "The type of cases" is the legal requirement to maintain the unity of the legal system [N]. People's Court report, 2020-10-20- (02).
[2] Gao Mingxuan, Ma Kechang. Criminal law [M]. Beijing: Higher Education Press, 2016:591.
[3] Ge Ligang. Identification of the purpose and attempted trafficking in drug trafficking [J]. Chinese Public Prosecutor, 2015, (6): 52-53.
[4] Huang Xiangqing. Analysis of the accomplished and attempted crime of trafficking and transporting drugs [J]. Politics and Law, 1999 (03): 69-71.
[5] Chen Feng, Wu Shixiang, Tian Dan. The achievement criteria for buying drugs by mail for the purpose of distribution [J]. People's Justice (case), 2017, (02): 32-35.
[6] Shi Weizhong. Conduct crime study [M]. Beijing: China Founder Press, 2002:140.

All published work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright © 2016 - 2031 Clausius Scientific Press Inc. All Rights Reserved.