Huang Jian bright: Vice director of office of counsel for the defence of drugs crime case, wide strong attorney and drugs crime plead and research center director
The first, hold drugs and carriage drugs, can be completely consistent on objective behavior. Be like: Pass a house " hold " drugs, with pass car " hold " drugs, very what does it's hard to say have to be distinguished essentially.
The 2nd, sheet is maintained by quantitative amount be being chased after to appeal to person behavior character is hold, still carry, perhaps traffic, smuggling, make, also be ill-considered. Be like: It is the Tibet in the house has drugs together, more than one kilogram is trafficced namely, under one kilogram is hold, such understanding may not is too mechanical also; Be like again: Inside village limits " displacement " the behavior of drugs is hold, the mobile drugs behavior that exceeds village range is carried namely, such understanding also is too mechanical.
The 3rd, how to poisonous moral of accurate and divisional hold is and carry the materiality of drugs behavior to distinguish, individual viewpoint: From legislative original idea and analysis of angle of judicatory solid Wu, should consider two factors, subjective element and evidential element. What how judge behavior person is subjective and intended, depend on again behavior person carried out those behavior, on record evidence proved to use those act actually. Be like: Had not carried out any smuggling in behavior person, traffic, carry, below the premise of production drugs behavior, handle a case mechanism cannot without foundation is illative the subjective purpose of behavior person is for smuggling, traffic wait for a purpose and carry experience case drugs.
The 4th, why should crime of illegal hold drugs set on legislation, the reason is drugs guilty in actual life is complex, to impeach of certain behavior character, behavior person is subjective the case with ambiguous intent, behoove is in punish go up degradation, maintain for hold, blame carry, the purpose is to realize photograph of punishment of responsibility for an offence to suit; Certain case should be protected be chased after to tell human lot, and rather than was killed.
Accordingly, individual viewpoint: How distinguishing character of experience record behavior is hold drugs, still carry drugs, in the due and certain flexibility on solid Wu, should basis the proposal is specific analysis, and rather than day of serious offence of summary of a conference!
