Research On The Act Of Buying Drugs For Others

In recent years,buying drugs for others occurs frequently.In dealing with such cases,documents such as meeting minutes and judgment guidelines are mainly used as guidance.The regulation of this behavior is not clear enough in judicial practice.Discussion on this issue is little in the field of criminal law,too.The identification of the nature of buying drugs for others has always been controversial.Under different circumstances does buying drugs for others constitute different crimes,it is difficult to judge.Although the minutes of the meeting and the guide of the judges make provisions on this issue,there are many unreasonable places.This paper starts from the existing problems in the regulations,aiming to provide ideas for the rational characterization of buying drugs for others.Without the introduction,this paper is divided into three parts:The first part discusses the regulation status of buying drugs for others in China.In the first section,normative documents related to the identification of buying drugs for others in China are summarized,including four meeting minutes,a "Standard for Filing and Prosecuting(III)" and a referee guide.In the second section,the controversies existing in the above-mentioned normative documents are summarized,and the definition of buying drugs for others,the "profit-making" in buying drugs for others,and the unreasonable provisions in the minutes of the meeting on buying drugs for others are put forward.And the author puts forward his own views on these questions.The second part discusses the identification of drug-buying behavior constitutes drug-selling crime.Firstly,drug trafficking crime itself is analyzed,mainly discussing the more controversial issues in the criminal law theory--the protection of drug trafficking crime as well as the definition of "selling",put forward the protection of drug trafficking crime should express as the social public health."Selling" does not require the actor to have a profit-making purpose,also does not require to buy and sell.Secondly,the author discusse the circumstances under which buying drugs for others constitutes drug trafficking crime.First of all,the paper analyses the situation of the principal offender of the drug trafficking crime established by the drug purchasing behavior.The paper judges from the form and essence aspects.Secondly,the paper analyses the situation of accomplice of drug trafficking is made by purchasing drugs on behalf of others,to explore whether purchasing drugs for free for the others constitutes the accomplice of drug trafficking crime.And the question of whether the entrustment behavior of the drug addicts constitutes the abettor of the drug trafficking crime when the drug buyer’ behavior constitutes the crime of drug trafficking.The article holds that if the behavior does not exceed the stereotype and commonality of "buying",these two situations do not constitute accomplices in the crime of drug trafficking.The third part discusses the nature of drug possession and transportation in the process of buying drugs for others.Firstly,the illegal possession and transportation of drugs are distinguished,and the judgment criteria for the distinction are put forward from the subjective and objective aspects.Subjectively,compared with the illegal possession of drugs,the transportation of drugs should have the purpose of further promoting the circulation and diffusion of drugs.Objectively,the behavior of transporting drugs causes the circulation of drugs,rather than simply possessing and controlling drugs.Secondly,drug possession and transportation in the process of drug purchase is characterized.The article holds that neither the buyers nor the consignor have the intention to commit other drug crimes,and the buyers only buy drugs for free for the consignor for smoking.When the quantity of drugs purchased reaches the standard of "large quantity",both of the purchaser ang drug addicts should constitute the crime of illegal possession of drugs.If the purchaser buys drugs for the drug addicts with payment,or if he knows that the drug addicts buys drugs for further sale,he still helps them to buy drugs,and is caught in the process of transportation,he should be identified as the crime of selling and transporting drugs.The third section discusses the quantity of possession and transportation of drugs.The article thinks that the quantity of drugs illegally possessed for many times should not be calculated accumulatively,and the minutes of the meeting have no right to attach the quantity standard to the crime of transportation of drugs.