Qualitative Study On Drug Behavior Of Purchasing Drugs

Since the establishment of the People's Republic of China,we has always adopted the none-tolerance attitude toward drugs and stayed among the tops in anti-drug movement in the world with high vigilance for related crimes,which leads to a significant outcome in terms of reducing the rates of drug crimes.However,since the 1980 s,with the continuous deepening and expansion of the reform and opening up policy,drug crimes have reoccurred in China along with the economy booming.Although China has the most severe criminal penalties in the world for this type of crime,criminals kept taking risks under the temptation of great profits,resulting in a steep growth of drug crime rates.With the intention of avoiding the sanctions of the law,criminals adopted different methods to continue their drug trades.In the types of the drugs,they have created more secretive new drugs;in the form of transaction,it was no longer the traditional “cash on delivery” method,but some more covert ways of procurement service and online trading.Procurement service is a new type of purchases emerging in recent years,but it has also been used by drug criminals as a furtive way for their transactions.In China's criminal law,there is no independent accusation for procurement service.Relevant legislation and judicial interpretation will followed up regarding this matter.At present,this problem has only been explained briefly in three minutes of the meeting issued by the Supreme Court.The absence of this topic in legislation has led to many disputes in judicial practice.Procurement service of drugs is a more complicated type of crime and should be analyzed in specific circumstances.There are three parties and two stages involved in procurement service of drugs.The criminal acts in the transactions of different parties and stages should be analyzed separately,finding their joint points and implementing conviction and punishment according to the existing criminal law.This will avoid criminals escaping from punishments with a legal loophole.In accordance with the judicial practice,the controversy of the procurement service of drugs in theoretical circles and the suspicion of treating the meeting minutes as the basis for the final decision,the legal characterization for the procurement service of drugs should be attained on the basis of the analysis of the relevant elements of the procurement service of drugs and the special cases of the procurement service of drugs.