Research On Judicial Identification Of Three Kinds Of Common Drug Crime

In drug-related criminal cases,there are three kinds of behavior containing "buying drugs for drug users","introducing drugs in intermediation" and "selling drugs in middling".With respect to the three types of common drug crimes in China,there exist some problems of the relevant provisions in which the definition is not unclear,the boundary is vague,the "profit making intention" is overemphasized and the distribution of the burden of proof is unreasonable,causing increasing "ghost defense" in practices and a large number of drug related criminals indulged.Thus how to identify the above three kinds of behaviors become an important and controversial issue in the current judicial practice,which needs to be clarified.This article,mainly adopting methods of literature review,comparative analysis and real case study,researches the legislative and judicial status of the three types of common drug crime,also puts forward,for the current judicial practice,methods of identification and suggestions of perfecting relevant provisions on the three kinds of common drug crime.Through researching the historical development of relevant provisions of "purchasing on other's behalf","intermediary introducing" and "reselling in the middle" together with analyzing and comparing the different views of academic circle,the basic definitions and types are deduced.In addition,through enumerating 8 classic drug-involved cases from the shallower to the deeper,together with analyzing the case judgments and the related views,the author deduces the discrimination and identification standard using by the judicial organs in the judicial practice on the following three types of behavior: firstly,one "purchasing on other's behalf" plays a role of "running a leg to help" which has a small effect in promoting the circulation of drugs as well as making no profit.Hence,such action cannot be treated as crime;secondly,"intermediary introducing" serves as a "bridge" which one does not participate in drug acquisition,delivery,transportation and other specific links.However,whether making profit or not does not affect the identification of this behavior.Hence,such behavior generally can be treated as accomplice;thirdly,as the main body of drug transaction twice,one "reselling in the middle" implements actions of purchase and sale with strong subjective initiative,having serious social harmfulness which can constitute the crime of drug trafficking independently.Finally,in view of the existing problems in the relevant regulations of drug related crimes in China,we put forward the following perfecting suggestions.Firstly,we should make stipulations on the common drug crimes in the form of judicial interpretation and make necessary supplements through issuing guiding cases to lead the judicial practice.Secondly,the basic concepts of the three kinds of common drug crime should be clearly defined,especially the behavior of "Purchasing on Other's Behalf" should be strictly limited as "run a leg for help" so as to facilitate the practice.Ultimately,it is the burden of proof that should be reversed concerning specific drug related cases in which one should be imposed lighter sentences or decriminalized from certain behavior,and greater effort should be devoted to combat drug crime.