On The Cancellation Of "Making Profits" Criminal Elements In Drug Purchase

In 2008,the Supreme Court’s "Minutes of the National Court Drug Crime Trial Work Conference" stipulated that the agent who purchased drugs for profit or profited from the process of purchasing drugs for the purpose of purchasing drugs was established as a crime of drug trafficking.It is clearly stipulated that the guilty of the act of purchasing drugs for the crime of drug trafficking needs to be "profit-making" as a necessary condition,and the law on drug trafficking does not stipulate that the conviction of the crime requires the purpose of profit-making or the existence of profit-making facts.Recently,new profit-making methods have emerged one after another in judicial practice,and the requirements of “profit-making” are vague and lack a unified standard for identification,which cannot effectively guide judicial practice.This has caused the problem that it is difficult to identify the crime and be sentenced differently from the same case.Judicial authorities have successively issued meeting minutes to solve the problem,but they have not achieved any results.In order to solve the above-mentioned problems,this article proposes to abolish the "profit-making" requirement,reconstruct the connotation of the act of purchasing drugs,and the determination standard of the act of purchasing drugs to establish the crime of drug trafficking.From the perspectives of theory and practice,it analyzes the disadvantages of the elements of "profit-making" crime and proposes countermeasures.The following discusses from six aspects:Chapter One,Introduction.A brief introduction to the research background,research status,and research methods of this article.Chapter Two,there are disputes in the theoretical and academic circles about the element of "profit-making" crime.From a theoretical point of view,combing the two opposing views of the "profit-making" constitutional element in the academic circles,pave the way for the abolition of the "profit-making guilt-making element" in the following.Chapter three,"profit-making" elements of the judicial practice of the shortcomings.From the practical point of view,first of all,we will screen the sample cases with "profit-making" as the elements of the crime,secondly,organize and summarize the status quo of the sample cases from various angles,and finally,through the analysis of the sample cases,lead to the problems of "profit-making" as the elements of the crime,including the situation of being falsely set up in judicial practice,the existence of legal circumvention and different judgments in the same case.Chapter four,"profit-making" crime elements have shortcomings in the cause analysis.Based on the judicial status quo and existing problems,this paper puts forward three reasons,including vague determination basis,unclear scope of punishment and improper understanding of legal benefits.Chapter five,the purchase of drugs should cancel the "profit-making" elements of crime.After expressing the attitude of viewpoint,the solution measures are put forward,including redefining the connotation of drug purchase behavior and reconstructing the main objective criterion of drug trafficking crime.Chapter six,Conclusion.This chapter mainly summarizes the whole content and puts forward the imperfections of the article.