贩卖毒品罪疑难问题研究-法律专业论文.docxVIP

Abstract The crime of selling drugs has caused too many social problems, which has brought about strong influences on legal theories and practices. A good many of issues are in need of further researches and discussions on the subjective and objective conditions of crime constitution. In Chinese Criminal Law, the defining of drugs and narcotics is a little bit simple, in which either there are no specific instructions on the variety, quantity, and purity of drugs, or it lacks of operational practicality. However, all these are closely related to the harm of selling drugs. The defining of drug selling, deliberate selling actions, the purposes of the crimes, the circumstances of the crimes are awaiting further researches due the distinguishness of the crime. This thesis consists of five sections, 25,000 Chinese characters in all. Section one is about the defining of drugs or narcotics in the selling crimes. Beginning with the concept of drugs, the author of this thesis has carried out some analyses and researches on the characteristics or features of drugs medically and lawfully, for the purpose of defining the range of drugs, moreover, giving personal advice on the debatable recognitions of the quantity and purity of drugs. Section two is to define the deliberateness of the crime. Selling drugs is a deliberate crime. Based on the recognitions and intentions of selling drugs of the criminals, judicial personnel need to judge and determine the contents, extents and criteria of the deliberateness,. Because of the complexity of this kind of crime, although it is feasible and practical to presume the subjective deliberateness of the crime, there would be strict control in the application Section three is that whether the defining of selling drugs should be based on the purpose of money making. Two contradictable perceptions exist in theoretical circle. One is positive, the other is negative. The author of the said thesis has firstly conducted his analyses on the negative