Research On Affirmation Of Drug Offense

Drug crime,a serious crime threatening the stability and development of the country,has always been the target of the country to combat.Influenced by the epidemic of international drug crimes in the recent years,the severe and complex nature of drug prohibition has never changed,which is still of great challenge.Of all the drug crimes,drug trafficking crime ranks the top due to its largest number and the widest range,which is characterized by the difficulty in obtaining evidence and the disunity concerning relative concepts theoretically,making it more difficult and complex to be determined.Therefore,it is of significance for the determination of the commission of the drug trafficking crime,which is also the problem that must be solved in the drug prohibition.The definition of trafficking is the basis to determine the commission of the crime.From the perspective of theoretical analysis and practice,drug trafficking crime is supposed to be the illegal buying or selling the drugs,the purpose of which is selling.The harmful nature of the crime is that trafficking promotes the epidemic of the drugs,which is the key link in drug crime.Therefore,it is the basis for the discussion of other problems to define the trafficking and analyze the hazard.Meanwhile,the characteristic of drug trafficking crime leads to the difficulty in obtaining evidence.So it is supposed to be objective when determining the trafficking crime.Thereafter,the specific problems as well as the accomplished form which is of significance for conviction and punishment are discussed objectively and subjectively in the paper.Inference is employed subjectively to determine the subjective knowledge of the doer.On the contrary,profit making is not the key element of the drug trafficking crime.The determination of the subjective selling purpose is based on the objective behavior in practice.It is the key to specifically determining the trafficking objectively.What’s more,the determination of some special drug trafficking is also supposed to be noted.For example,drug transaction should be recognized as trafficking,regardless of the use of the drugs;the introducer of the trafficking is not supposed to be the party but the accomplice of the sellers and buyers,who is not entitled the decisive right;the drug purchasing agent provides service for the real drug purchasers,with no right as for the sellers or the price.Therefore,the agents will commit drug trafficking crime only if they find the drug sells themselves.As for the determination of the accomplished forms,it is supposed to be based on the transaction.The intentional drug selling or the drug transaction are both recognized to be accomplished drug trafficking.