Standard passenger managed to curb drug shipments - to
transport drugs cases, southwestern Yunnan, the investigation report
【Summary】: Southwest Yunnan Province to transport drugs from the current crime situation, the separation of people and goods to transport
drugs the proportion of cases of the rapid rise in drug-related crimes in
an even hidden, extending detection becomes more difficult, while the public security organs significantly lower detection rates of drug-related
cases . This article aims to explore from the perspective of improving the administrative mechanisms or through the active use of judicial administration of justice in the manner suggested in order to guarantee a powerful means of judicial or administrative means to regulate bus
operations and shipping order, and to plug loopholes in the system, timely transport of drugs to curb immigration in western Yunnan momentum.
1, transport of drug-related crimes
(A) basic situation and the status quo. Pu'er City, Yunnan Province
Public Security Frontier Detachment since the beginning of the year in 2009 seized more than 250 kg of various drugs, handling more than 180 drug-related criminal cases, the main transporting narcotics cases, drug cases than in previous years, doubled the total number, of which more than 80 since the "separation of people and goods," to transport drugs cases, accounting for nearly 50% of the total number of drug cases than in previous years have also turned up several times, such "separation of people and goods," drug-related cases, after investigation and hard to find the suspect, because often fail to solve the case , verbal called "orphan" transport narcotics.
(B) "no master" drug cases a simple classification. Specifically, the current number of "orphan" transport narcotics, the practice can be divided into three categories: the first is through the on-site
investigation and because they are "separation of people and goods," there
is no clue or information can not be detected due to technical reasons, so
that crime does suspect slip through the net, and such cases account for 80% of the practice; second category is the suspect in the face of the police seizing the interim plan, or a state of confusion prior to discarding and hidden at the scene found in or near the roadside by the
Public Security police seizing the masses along the picking reported by the initiative, the public security border controls in many such cases have occurred, are estimated to represent 5%; the third category is part of the use of pregnant women, minors, infants or suffering from AIDS and other infectious diseases, with special groups such as drug - cases, the
reality of such cases found in the use of such means to transport drugs to use most of the most prominent is the part of the Sichuan Liangshan Yi
nationality of the suspect, the use of special groups of committing the crime to carry drugs because of the law itself is difficult to effectively crack down on lag, mostly drug seizure on special groups tend to let the matter rest, can not be held criminally responsible, such cases accounted for 15% of the number of conservative statistics.
(C) Transport the new characteristics of drug-related crimes. "No
master"-cum-drug-related cases, "separation of people and goods," the
transport of drugs soared in recent years, the transport characteristics of a significant drug-related crimes. The statistics, the vast majority of "separation of people and goods," to transport drugs cases, through long-
distance or short-distance passenger transportation in order to "ant"
approach to consignment or entrained, were placed on buses inside or bottom of the trunk package can not be seized suspects (owner-cum-drugs,
possession or transportation of drugs subject), resulting in this situation the most important reason is that passenger baggage or checked baggage goods are not posted Note label, are not portable, entrainment of the attendant passenger luggage bag on the passenger seat number marked In so doing, even if its investigation of police departments in the luggage,
bags of drugs were seized, it can not "step in those shoes" or "follow it", thus can not be captured, "the owner" and the transport of drug suspects.
Second, the fight against drug-related crimes in the transportation
outstanding problems with the new difficulties
Over the years, Pu'er City, Yunnan Province, Xishuangbanna Dai Autonomous Prefecture in Yunnan, southwest border controls, open drug trafficking operations and the handling of cases found in practice, in addition to the
individual operating units such as the Yunnan Golden Peacock Express passenger transportation company focused on the strict implementation of passenger luggage be placed identification label, the other passenger bus companies not shipping luggage in the baggage sign posted on the
identification, do not mark passengers (luggage owners) frame sizes, often suspect I can not even recognize the car and then being arrested. So to make criminals can take advantage and openly from the use of passenger transport management loopholes and started to transport drugs business. In this way the transport of drugs, due to "separation of people and goods,"
public security officers found the drugs were, at most, economic losses, while he himself sit tight in the "Diaoyutai", because in practice there
are few or almost no passengers out to identify the "cargo" , as long as no one come forward to identify, he can sit back and relax. In law enforcement, institutional design and enforcement practice, resulting in the transport of drugs related to the fact that the direct carriers, including the driver do not assume any responsibility for the public security departments in fact, most do not hold the driver and the responsibility of the transport sector, at an average placed on file after
the shelf will be seized drugs to be a criminal science and identification, confiscation of trouble, such cases would be characterized as "no main narcotics." In addition, part of the transport sector for criminals to give the driver a small amount of freight entrusted to the
temporary occupants allowed to take goods to a certain storage (for example, I have uncovered several cases of branch transport narcotics, were seized at the station said they were pilots departure of the former Provisional entrusted by others with a small amount of "goods" to Kunming station Luggage storage or an office in Queensland, and then someone came to take from the "objects"), these so-called separation of people and
goods "no master" drug offenses, the real The owner or his minion may have
been in its investigation of the site or the attendant monitoring, there is a sign of trouble that disappeared, fled, and the case officer directly related to the occupants due to the "subjective no knowledge" of their crimes can not be held, the objective of this kind of cases difficult to extend, cracked. These are the bus operating industry cases, the same can not be ruled out in the logistics, shipping industry, there is a similar trade management system, due to the loopholes in drug-related crime to
transport to open the "door."
In this way, simply because the transport industry to a certain chain management system is not in place, along with drug-related criminal cases,
and a completed commission of the crime of drug shipments, but no one will
bear the legal consequences; existence of loopholes in a system, the objective gave the drug trafficking criminals opened a zero risk at zero cost of transport channels for drug-related crimes. Reposted elsewhere in
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3, controlling drug transport, the proposal to prevent the flow of drugs and countermeasures
I believe that for the moment, Yunnan border transport of drugs increasingly rampant use of drugs from Myanmar border to facilitate the
flow of the highway in an emergency situation the increase in the Mainland, first and foremost to arouse attention to the relevant government departments to strengthen the synergy to block drug trafficking molecule can take advantage of gaps in the system, standardize the
operation of passenger and checked baggage to bring order is anti-
narcotics work, especially the fight against drug crime, transportation priority, is to prevent drugs from the source producing "Golden Triangle"
the top priority within the stream.
(A) enhancing passenger transport sector management, and the establishment of anti-drug cooperation mechanism.
According to "The People's Republic of China Anti-drug Law" No. 3 and
section 4: "Narcotics is the common responsibility of society as a whole.
State organs, social organizations, enterprises and institutions and other organizations and citizens, it should be in accordance with the provisions of this Law and relevant laws and carry out anti-drug duties or
obligations "," anti-drug work to implement the unified leadership of the Government, the relevant departments responsible for their own, community-
wide participation in the work of mechanism. " Accordingly, the passenger transport industry, government administrative departments of transportation to prevent drugs from entering the positive aspects of it can be said to blame, while the transport sector, administrative supervision departments to facilitate anti-drug work is also its share of
responsibility, in the anti-drug work should be actively performance of
their duties, make a difference. The same time, the public security departments, as part of the Government have a responsibility to actively report to the government for support.
(B) the active use of judicial recommendations to the judicial means to
protect the drug effects, controlling drug transport.
According to China's law, the judiciary found in the work harm national, social and other legitimate rights and interests of citizens of the case, but not within the competence of their own, they can propose to the
relevant units or individuals to take certain measures a specific judicial advice. At present, the law only to the judiciary the right to judicial recommendations made by the provisions of principle, but as a justice with
Chinese characteristics, the proposed system, in practice the terms of the broad and effective application of national norms of governance and social order in has played a prominent role irreplaceable.
The public security organs under the "Code of Criminal Procedure" of the
relevant provisions of the exercise of the right of investigation, not a specialized judiciary, are generally not are unlikely to exercise the right of judicial advice. The prosecution of national laws, as supervisor, for access to public prosecution, the trial of cases links can be proactive in the exercise of prosecution right to make recommendations to the relevant units and individuals who are targeted prosecution recommendations. However, in practice the People's Procuratorate of
supervision can only be transferred to his review of the public security department already cracked the case, can not be cracked for the majority of the cases can not be effective supervision. People's Court that part of the prosecution of criminal cases, judicial neutrality and to play a
passive determine its terms of reference of the limitations of oversight
recommendations. In this way, they form a "judicial right to make recommendations in accordance with law can not be a good exercise and found that the public security department did not issue the judicial right to make recommendations," the embarrassing situation in which a considerable extent, constrained to carry out a comprehensive anti-drug
work has greatly reduced the anti-drug the effectiveness of people's war.
Take the Yunnan Public Security Bureau for drug-related cases handled by
the transport, accounting for almost half the total number of narcotics separation of people and goods can not be detected due to the transport narcotics ringleader and failed to enter the legal aspect of these cases can not be detected is due to part of the transportation industry, the management mechanism vulnerability to drug-related crime has left
loopholes in the prosecution and judicial organs responsible for ordinary
criminal investigations because they do not, they can not effectively work in their own grasp of the situation.
Judging by the prosecution, courts and other judicial unity of thinking, from the "anti-drug people's war" in height and "building a harmonious
society," the overall situation in-depth research, and for "separation of
people and goods," to transport drugs crime is increasingly obvious phenomenon of rampant pro-active to give judicial advice, instructing the passenger unit to perform the duties of executives urge government
departments to expedite the development of mechanisms to standardize the operation in the province as well as the domestic passenger car industry management order, in particular, need to standardize the luggage to carry,
transport and shipment formalities. The public security organs should also be proactive in communicating with the judiciary to reflect, to report to government departments to reach a consensus. Only the relevant functional departments work together to establish a drug control a game of chess
ideas, in order to form a joint force to combat drug-related crimes
transportation; only emancipate the mind, to break the limitations, in a pioneering spirit, applied a strong judicial system to ensure a timely
plug the loopholes as to effectively curb the Sino-Burmese border in drug
Conclusion: The last is worth mentioning that the transport company in Yunnan Golden Peacock attention to detail in practice in the perspective of drug is no doubt worthy of recognition, "label, though small, is of great significance", the standard mode of transportation management with the drug from the cause, the fight against crime the point of view is undoubtedly a very immediate need to promote the entire transport sector.
In implementing the "anti-drug law," the spirit and containment transport drug-related crimes in front of synergy is the key, the positive performance of their duties is fundamental. Reposted elsewhere in the paper for free download http://