A New Discussion on The Judgment Standard of The Accomplished Crime of Transporting Drugs: From the Perspective of The Dual Regulation of The Theory of Infringement of Legal Interests and The Principle of Behavior Development1

Abstract

Because the provisions of the criminal law on the crime of transporting drugs are too abstract, there are differences in the understanding of the accomplished standards of the crime of transporting drugs in the academic circles. Judicial staff try cases under the guidance of different theoretical schools, and the phenomenon of different reasoning for the same crime sometimes occurs, which destroys the stability and consistency of judicial decisions. At present, there are many schools in the academic understanding of the accomplished standard of drug transportation crime, such as departure theory, destination theory, reasonable displacement theory, behavior completion theory and so on. Under the same school, there are also different elements of normative understanding.Therefore, it is necessary to clarify the interpretation path of the accomplished standard of drug transportation crime and get out of the theoretical loss.Combined with the theory of infringement of legal interests, the principle of behavior development and the examination of behavior patterns, it is considered that the theory of drugs entering the transportation state under the differentiation system is the accomplished judgment standard for the legitimacy and rationality of the crime of transporting drugs.In the case of integration of people and goods, the departure of drugs means completion, while in the case of separation of people and goods, it is necessary to take drugs entering the transportation state as the substantive standard and analyze the specific types.The system structure of the theory of drugs entering the transportation state under the differentiation system has the guidance of functionalism and teleology, which is conducive to the realization of crime control and human rights protection.