Research On The Behavior Of Helping Others Buy Drugs

The purchasing agents is a common trading method in the drug trade in our country.It is also a common type of behavior handled by the judiciary in drug-related criminal cases.Under different circumstances,the social harmfulness of drug purchasing behavior is not the same.For example,the social harmfulness of profit-purchasing is greater than that of non-profit-making purchasing;the social harmfulness of transport-based purchasing is greater than that of holding-type purchasing.The difference in social harmfulness means that the behavior of drug purchasing in different situations is not the same.There is no provision for this behavior in China's criminal law and judicial interpretation.For practical needs,the Supreme People's Court made a qualitative distinction of drug purchasing behavior mainly through the meeting minutes.According to the Minutes of the Nanning Meeting,Minutes of the Dalian Meeting,and Minutes of the Wuhan Meeting,under different conditions,the act will constitute the crime of illegal possession of drugs,drug trafficking,and transporting drugs.The distinction between qualitative methods is undoubtedly reasonable and has played a very important role in guiding judicial practice.At the same time,it should also be noted that the above-mentioned meeting minutes are still incomplete with regard to the issues of profit-taking in drug-purchasing activities,possession and transportation issues,drug quantity problems,and the relationship between bailors and purchasers.The understanding of these issues is applicable.They are the pivotal factors that determines the nature ofdrug purchasing agent.Therefore,in order to achieve the goal of punishment fits the crime,it is particularly necessary to make a reasonable explanation of the above issues.This article is divided into four parts.The first part is a review of the behavior of drug purchasing agent,including the concept,characteristics,classification,and evolution of China's drug purchasing behavior.The chapter is divided into four sections: The first section analyzes the concept and characteristics of purchasing drug behavior.Section II categorizes drug-purchasing acts on the basis of whether the perpetrator has a profit-making purpose and the purpose of purchasing drugs.Part three,entitled by the necessity of law governing.The fourth section elaborates the Three Minutes of the Meeting and the Regulations on Petition and Prosecution(III)to regulate the act of purchasing drugs.The act of purchasing drugs does not constitute a specific single charge.Under different conditions,the act will be regarded as illegal possession of drugs,drug trafficking,and transporting drugs.The second part deals with the problem of profit making in purchasing drugs.The chapter is divided into three sections: The first section analyzes the purpose of profit-making and profit-seeking under the precondition of clarifying the purpose of profit-making;Section two mainly discusses the method of determining whether the purchasers have the purpose of making profits.Judicial practice is mainly based on the specific offender's crime,the consequences of crime and combined with other evidence in the case and the rule of thumb to presume whether the subjective purchasing agent for profit purposes.The third section analyzes the generation time and realization of profit-making purpose.The generation time includes the time from the time the bailor entrusts the agent to purchase drugs to before the agent delivers the drug to the bailor.In practice,there are two ways to realize the profit-making purpose: one side the purchaser charges 'introduction fee' or 'labor fee'outside the necessary expenses such as transportation,accommodation,etc.For another,the purchaser charges part of the drugs for the purpose of trafficking as a reward.The third part deals with the issue of possession and transportation issues in purchasing drugs.The first section analyzes the state of drug possession.The purchaser holds the drug as a matter of fact,the bailors holds the drug as a matter of legal sense.Holding state also includes static and dynamic holdings.The second section mainly explains the transport behavior in purchasing from the aspects of distance,mode and so on.Section III analyzes the issues related to the quantity of drugs held and transported by drug purchasers.One side,it analyzed qualitatively the behavior of holding a small quantity of drug purchasing for many times,and the second one explained the condition that the number of drug should reach a large quantity of drug in transportation crime.The fourth part is about the relationship between bailors and purchasers.The first section analyzes the relationship between bailors and purchasers.They depend on each other for existence and neither of them can be lack.The second section analyzes the situation that the purchasing agent and the buyer have the same crime with each other.The purchaser and the bailor constitute a joint crime under the circumstances of constitute the crime of illegal possession of drugs,and transporting drugs,and knowing that other people are committing drug crimes.The third section analyzes the situation of each guilty bailor and buyer.It mainly deals with the issue of conviction between drug addicts and purchasers with profit-making purposes.For drug addicts,the number of drug addicts who are found to be illegally possessing drugs or innocence is determined according to the amount of drugs purchased for drug addicts.Substitutes are deemed drug trafficking offenses.