Judicial Identification Of Reciprocal Drug Trafficking

The circulation of drugs in the society will cause great damage to the physical and mental health of the public,and in addition,it is easy to cause other criminal behaviors,which will seriously affect the social management activities.Our country and even the whole world strictly crack down on drug-related crimes,and because our country was deeply poisoned by opium in the early modern times,our country has been taking a strict attitude to crack down on drug-related crimes.The application of network technology,the popularization of communication equipment and the wide use of monitoring facilities make it easier and easier to find criminal acts.In this context,crimes in order to circumvent the law,gradually on the basis of the traditional mode of drug trade developed more hidden way of crime,such as with poison poison,poison,barter,use drugs as the debt,with drugs to pay labor remuneration,game points in return for a drug more drugs to get sex.The reciprocal drug exchange behavior studied in this paper is the behavior that the doer trades drugs for drugs,that is,the reciprocal parties obtain the drugs controlled and controlled by the other party through exchange based on the agreement.The exchange of drugs and material benefits,or the exchange of drugs and non-material benefits,or the temporary lending of drugs,are not reciprocal drug behavior.Because the law has no clear provisions on this act,there are many problems in the conviction and sentencing of reciprocal drug acts in judicial practice,such as different judgment results in similar cases and different calculation methods for the quantity of reciprocal drug acts.In this paper,combined with judicial cases,in view of the problems existing in judicial practice,targeted to the exchange of drug behavior research.Through the analysis of judicial cases,it can be found that in practice,most of the cases think that the exchange of drugs constitutes drug trafficking crime.However,when the exchange of drugs is determined to be a drug trafficking behavior,the two parties have different positioning in practice,that is,in some cases,both parties of the exchange of drugs are considered as drug dealers,while in some cases,only one of them is considered as drug dealers.The main reason for the above situation is that the judicial practice circles have different views on the nature of drug exchange.In the cases where the exchange of drugs constitutes the crime of drug trafficking,the basis for the determination of the amount of exchanged drugs is also not uniform.Some use the quantity of drugs handed over as the basis of sentencing;Some are based on the amount of drugs the offender gets back;Others use the amount of drugs handed over and exchanged as the basis for sentencing.The quantity of drugs is an essential factor in determining whether drug-related activities can constitute a crime and which kind of crime should be established.Therefore,it is urgent to define the standard for identifying the quantity of drugs in reciprocal drug exchange.It can be found that the relationship between the reciprocal drug behavior and the drug selling behavior can be considered as a cross relationship,and the nature of the reciprocal drug behavior can be determined by the use of the drug after the reciprocal behavior is over.The circumstances of trafficking in drugs that are easily obtained shall be treated as the crime of trafficking in drugs;In the case of using drugs easily obtained by each other for smoking or other purposes,if the constitutive elements of other drug crimes such as the crime of illegal possession of drugs can be fully prepared,they can be convicted according to the relevant drug crimes.On the premise that the exchange of drugs constitutes the crime of drug trafficking,the nature of the exchange of drugs can also be determined by the relationship between the two parties.With regard to the determination of the quantity of exchanged drugs,when the exchange of drugs is determined to constitute the crime of illegal possession of drugs,the quantity of drugs returned by the perpetrator should be taken as the basis of the specific punishment to be imposed for the act;When the exchange of drugs is determined to constitute a drug trafficking offence,the quantity of drugs surrendered and exchanged should be taken into account as the basis of sentencing for the exchange of drugs.