Research On The Qualitative Problems Of Purchasing Behavior In Drug Crime

China has adopted a severe criminal policy for drug crimes for a long time.With the rapid development of the information society,the forms of drug crimes are becoming more and more new and complicated.Among them,purchasing drugs as a new type of drug trading method plays an important role in drug crimes.How should the behavior of drug purchase be characterized? China currently does not clearly stipulate in the criminal code.In order to effectively combat crime,the Supreme People's Court has repeatedly proposed methods of dealing with drug purchase in the form of minutes.Although the minutes of the meeting filled the gaps in the law on drug purchase related issues,the qualitative regulations on the behavior of drug purchase were not detailed enough to adapt to the various types of crimes of drug purchase.Therefore,the application of the minutes in practice to solve the problem is controversial.Therefore,this article conducts research on this issue.The full text is divided into four parts,and the body part counts more than 20,000 words.The first part is the introduction.It is mainly the purpose and significance of research,the content and methods of research,and the difficulties and innovations of research.The second part is the case brief and the focus of the dispute.Briefly describe a specific case of purchasing drugs and put forward the focus of controversy in this case.The focus of the dispute in this case is whether the defendant's behavior constitutes a crime of drug trafficking or illegal possession of drugs,and whether the defendant's subjective purpose is to make a profit.The third part is the case analysis.Based on the analysis of the different viewpoints in this case,a systematic analysis of the necessary constituents of the crime of drug trafficking and the crime of illegal possession of drugs was conducted by enumerating the legal requirements and theoretical analysis of the constituent elements,and then analyzing whether the defendant in this case had Subjective profit-making purpose.Finally,based on a comprehensive evaluation of various viewpoints,a personal opinion on how the defendant's behavior in this case should be characterized is put forward.The fourth part is thinking and suggestion.Based on the previous three parts,it sorts out the problems in judicial determination found in the specific process of analyzing the case.At the level of understanding relevant judicial interpretations,analyze the ambiguity in the characterization of drug purchases in the minutes of the Supreme People's Court,and finally put forward individual corresponding countermeasures and suggestions.