Analysis On Purchasing Drugs Behaviors In Criminal Law

Drugs not only do great harm to individuals,families and society,but also cause many other serious criminal crimes.Because of this,we must crack down on drug crimes.On the surface,the act of purchasing drugs behaviors has the external characteristics of drug trafficking.However,due to the gratuitous nature of purchasing drugs behaviors,many scholars believe that it is only an extension of drug users’ purchasing acts and does not have the same social harmfulness as the crime of drug trafficking in speeding up the circulation and spread speed of drugs.Therefore,it can not be simply equated with the crime of drug trafficking when convicted and punished.In practice,the Supreme People’s Court pointed out that purchasing drugs behaviors who did not make profits from it should not be punished as the crime of drug trafficking in May 2015.According to the amount of drugs and whether they were found in transit,it may involve the crime of transporting drugs,the crime of illegally holding drugs or not constitute a crime.However,there are also some controversial issues in this provision,such as "whether the purpose of making profits should be regarded as the subjective element of determining the establishment of drug trafficking crime by purchasing drugs on behalf of others?" "How to define profit?""How to distinguish the act of purchasing drugs behaviors with the act of introducing drugs through intermediaries?" and so on.Therefore,starting from the trial confusion of "different judgments in the same case",this paper brings the controversial contentions out.In order to solve these problems,we must regard the legal interests which are protected by the criminal law as the basis.Different from the traditional theory（drug management）and the public health theory hold by some other scholars,the legal interests in the chapter of drug crime can be understood as restricting the circulation of drugs,which is the cornerstone to judge whether the act of purchasing drugs behaviors is equal to the crime of trafficking drugs.This is the second part of the article.In the third part of the article,it mainly expounds the improper parts of the judicial interpretation which stipulates that "profit-making purpose" is used as the subjective element to distinguish whether the act of purchasing drugs behaviors constitutes the crime of drug trafficking and what difficulties exist in practice.By contrast,because the crime of drug trafficking crime does not require the subjective profit-making purpose as the constitutive element,some scholars hold the theory of compensatory behavior,which seems to be more reasonable.Then,what is the compensatory behavior and what aspects of the rationality of the compensatory behavior are also discussed in this paper.Furthermore,in the fourth part,we need to define the act of purchasing drugs from an objective aspect.The main difference between the purchasing drugs behaviors and the act of purchasing in daily life is that the purchasing drugs behaviors require more free and clear instructions.In addition,the introducing drugs behaviors are easy to be confused with the purchasing drugs behaviors.This paper explains how to analyze the two acts from three aspects.At the same time,because there are many forms of interest,it is necessary to distinguish drug purchasing behaviors from drug trafficking.Finally,according to the theory above,the fifth part summarizes the definition of drug purchasing behaviors in criminal law.Then the article returns to the difficult cases in the first part to distinguish different types of drug purchasing behavior.