Research On The Criminal Determination Of Drug Purchasing Behavior

Drug purchasing behavior have evolved into a new form of drug trading.China’s criminal law and judicial interpretation do not regulate the purchase of drugs.In judicial practice,the minutes of the conference issued by the Supreme Court serve as the basis for handling cases.However,not only is the legal effectiveness of the minutes of the meeting are controversial,but the provisions have also led to many disputes in the judicial practice regarding the determination of drug purchasing behavior,especially the provisions for making profit-making purposes as a constituent element of drug purchase crimes,which is also contrary to the provisions of the Criminal Law that the drug trafficking crime is not for profit.Based on the statutory principle of crime,from the perspective of denying that the purpose of profit-making is a component of the drug trafficking crimes,and believes that paidness is not the same as the purpose of profit-making.As long as drugs are traded as commodities for consideration transactions,the behavior should be evaluated as paid and trafficking.Subjectively,purchasing agents have an indirect intention to sell drugs.and their behavior promotes the circulation of drugs in the society,which has similar social harms as drug trafficking.When distinguishing between possession of drugs and transportation of drugs,one should not only look at objective behaviors,but also consider whether the actors subjectively intentionally transported drugs.Criminalization of different types of drug purchasing behaviors.The drug purchasing behavior of knowing that others are selling drugs and purchasing drugs for others should be punished as a joint crime of drug trafficking.The drug purchasing behavior which is agents-led paid purchasing drugs for others only for self-use should be punished as a crime of drug trafficking.The drug purchasing behavior which is buyer-led paid purchasing drugs for others only for self-use and purchasing drugs for others free of charge only for self-use,if the quantity of drugs purchased is small,it should not be punished as a crime,and if the amount reaches the minimum amount of illegal possession of drugs,it should be punished as a crime of illegal possession of drugs.If the purchasing agents is caught in the process of purchasing and transporting,no matter whether the purchaser makes a profit or not,no matter how many drugs he holds,he shall be punished as a crime of transporting drugs.