The Judicial Cognizance Of Drug For Others To Buy On Somebody's Behalf

Drug crime is a high incidence of crime in judicial practice,but also China's leniency policy situation under the strict governance category,with the development of society,the drug trade way constantly,the drug purchasing has become the drug trade norm.China's current criminal law and relevant laws and regulations on qualitative drug purchasing behavior are not clearly defined,only the relevant meeting minutes to give guidance on the issue,but the meeting minutes still has a few flaws not the pink of perfection,and the nature of the meeting minutes are not the same views.In 2015 the Supreme People's Court issued the"national Wuhan conference summary" provides more practical guidance for the judicial practice of the problem but first of all,the minutes and no clear concept,for others the drug purchasing behavior behavior,leading to the intermediary,trappin behavior is easily confused;secondly,the minutes the drug purchasing was seized during the qualitative violates the principle of legality for the provision of transport drugs and in the current judicial practice controversial.Finally,the "necessary expenses" stipulated in the minutes and the collection of some drugs for the purpose of trafficking are difficult to verify in practice.In this paper,with the "national Wuhan conference minutes" benign question,the purchase of narcotic drugs for others to identify the conduct of research and analysis,in order to achieve the results of the crime and punishment to adapt.This article is divided into four parts:The first part,the legal analysis,to define the other drug purchasing behavior,analyzes the behavior of subjective and objective elements of meaning,summarizes the types of drug purchasing behavior and from purchasing and intermediary behavior,drug trade and profit mode and play a role in drug intermediary,scalping behavior difference;The second part,combined with the judicial practice cited five common to other drug purchasing case,put forward the focus of controversy and disagreement,and analysis and discussion of five kinds of drug purchasing behavior constituted the crime of drug trafficking or constitute the crime of illegal possession of drugs or innocence;The third part,the author puts forward the current drug purchasing behavior in the judicial practice of the three difficulties and has carried on the analysis,the author on the drug purchasing and profit from the behavior from the law against the angle is proposed and analyzed the behavior of accomplished and attempted standard;subjective and benefit from the drug abuse point and purchasing analysis of drug purchasing drugs to indent "rub suction"should not be for the purpose of making profits for others drug purchasing ideas;from the principle of legality are pointed out and analyzed the provisions of the "Wuhan national conference summary" for other drug purchasing(large quantity)was seized for the crime of transporting drugs and qualitative deficiencies;The fourth part,the inspiration of this study,and the current "national conference summary of Wuhan" provisions of the "necessary reasonable costs"' "for the purpose of selling" and put forward deficiencies and related suggestions.