Study On Drug Deals Through A Middleman From The Perspective Of Jiangdong District Of Ningbo City

Intensified drug-related crimes in China have become an accusation of criminal law in spotlight. Take Jiangdong District of Ningbo City for example. Drug related crimes has ranked before robbery, fraud and other traditional charges and has become the second largest category of criminal cases following theft. As drug deals are highly risky and under the table, illegal drug deals through a middleman become a common phenomenon among drug related cases because drug sellers and drug buyers do not know and trust each other to complete the transaction. A middleman put drug buyers and drug sellers who do not know each other in contact so they dare to violate laws banning drug transactions and make their own exchange. It can be said that a drug deal does not necessarily have a middleman, but a drug deal that occurs to someone for the first time is bound to have a middleman. Fight against illegal drug brokerage means that curbing drug transactions from the source and has a very important strategic significance in the fight against drug crime and the prevention of drug spreading.Theories on how to deal with a drug transaction through a middleman are very controversial. In practice, there are various situations in a drug transaction through a middleman and the lack of simple and clear practice standards gives rise to troubles to the authority for correctly handling such cases. There are three different results of cases of drug deals through a middleman mainly because of the different malicious intents of the middleman:"drug trafficking" offense, "illegal possession of drugs" offense and no charge if the middleman testifies in the crime accusations of others as witnesses. Drug deals through a middleman can be divided into profit-making brokering non-profit-making brokering, commission by drug dealers, introduction of drug buyers, commission by drug buyers, introduction of drug dealers and commission by both drug buyers and drug dealers. Each of the above middleman behavior has different malicious intents. Currently, behaviors of the drug middleman are handled as drug trafficking or accomplice in illegal possession of drugs. To identify if a middleman act can be regarded as a crime depends on whether the main act constitutes a crime.Many drug traffickers take advantage of the different treatment of drug dealing through a middleman and defend in court that their behavior is not drug trafficking but a middleman act. Because drug dealings occur under the table, it is extremely difficult to collect and fix evidence in drug-related cases. It is also difficult to catch drug traffickers. There is not sufficient evidence to overturn their sophistry and cases that drug dealers escape from legal sanctions occur very often. In view of current difficult trial practices of drug dealing through a middleman, in addition to the detection of drug dealing cases by entrapment and collection of evidence as much as possible by the public security organs, from the legislative level, laws and charges should be established and efforts to combat this type of behavior should be increased in order to prevent the occurrence of other drug related cases.