运输毒品罪诌议

Discussing on the crime of transporting drugs

运输毒品罪自设定以来就备受争议,主张保留该罪名与废除该罪名的学者均不在少数。笔者认为,运输毒品罪在立法基础、立法结构和刑罚设置方面均存在一定问题,并且该罪名日益有取代非法持有毒品罪,成为毒品犯罪领域兜底性罪名的趋势,这些都有悖于我国所提倡的法治精神。

The crime of transporting drug was controversial since it has been established, a lot of scholars have argued that we should keep the charge or abolish it. I think there are some problems in the legislation basis, the legislative structure and the penalty in the crime of transporting drugs, and the charge has a tendency to replace the crime of illegal possession of drugs, become general trend of crime of drugs, it is contrary to the spirit of law that our country has advocated, so I think we should abolish the crime of transporting drugs.