Criminal Law Analysis On The Act Of Drugs Agency Purchasing

The intervention of the agent makes the drug transaction more and more hidden,and the related difficult problems in judicial practice are also endless.At present,there are related dilemmas in the legal application of drug purchase behaviors,such as unclear concept identification and under-qualification of behavior.A systematic and scientific criminal law analysis of the legal issues related to the act of purchasing drugs can provide references for accurate conviction and reasonable sentencing of judicial organs.This article attempts to analyze the essential attributes of the act of purchasing drugs,clearly define its concept,based on the principle of subjective and objective consistency,and carry out a specific analysis of the act of purchasing drugs.Based on the basic national conditions of our country and drawing on the experience of criminal legislation outside the territory,it proposes relevant legal regulations and applicable suggestions for the act of purchasing drugs.This article is divided into the following four chapters.The first chapter analyzes the predicament of the application of the law of purchasing drugs.This chapter is divided into two sections.The first section is an explanation of the relevant basis for the application of the law on purchasing drugs,and the second section is a specific development of the difficulties in the application of the law on purchasing drugs.The first section discusses that the lack of legislative and judicial interpretation is the main reason that judicial practice falls into the dilemma of "unable to rely on".The judiciary chose to issue the minutes of the meeting "curve to save the country." However,meeting minutes cannot replace "judicial interpretation" as the basis for the trial of cases,and the problem of "no name and no points" is difficult to solve.In addition,local provinces and cities have successively issued meeting minutes,which has made it difficult to achieve cross-regional unity in the handling of drug purchase behaviors,and there have been cases of different judgments in the same case.On this basis,the second section summarizes the relevant judgments of the high court,and concludes that the current dilemmas of the law applicable to drug purchasing activities include the different identification standards of behavior,the existence of criminal presumptions of abuse,and excessive attention to profit-making purposes.The reason for this kind of problem lies in the unclear concept of the act of purchasing drugs,and the analysis of the act of purchasing drugs in judicial practice is superficial.On this basis,the second chapter focuses on the analysis of the concept,characteristics and classification of the act of purchasing drugs.This chapter is divided into two sections.The first section discusses the concept and characteristics of drug purchasing behavior,and the second section analyzes the classification standards and specific types of drug purchasing behavior.In the conceptual analysis of the first section,first of all,based on the textual interpretation of the basic position,it is proposed that the understanding of the act of purchasing drugs should focus on the act of purchasing,that is,the act of purchasing should be understood as an agent purchase.Secondly,following the chronological order of "entrusted first,purchasing agent second",the behavior of purchasing agent shall be interpreted in a narrow sense,and the type of "spot purchasing agent" shall be excluded.Finally,from the perspective of a general rational person and daily habits,it is concluded that the purchaser does not have the obligation to know the purpose of the purchaser’s purchase in advance.On the basis of the concept of purchasing behavior,combined with the nature of the phrase "buying drugs",the behavior of purchasing drugs is defined as the act of purchasing drugs of the designated type and quantity or amount by the purchasing agent on behalf of the agent who is entrusted by the consignor.Then it concludes that the behavior of purchasing drugs has five characteristics: dependence,passivity,non-ownership,transitivity and illegality.Take this as an important reference for determining the act of purchasing drugs in judicial practice.The second section is the classification of the act of purchasing drugs.These include the classification criteria and specific types of behaviors.This article distinguishes between the subjective purpose of the agent and the force of the agent in drug circulation.Based on the important influence of the agent’s subjective purpose on the qualitative behavior of the agent and the important role of the force in the circulation of drugs in judging the status of the principal and accomplice in the joint crime,the three-step classification standard method is advocated.The first step is to use whether the agent knows the drug use of the purchaser as the classification standard 1,and divide the act of purchasing drugs into two categories: aiding crime type and non-acceptance type.The second step is to use the purchasing agent for profit-making purposes as the second classification criterion,and divide the purchasing agent’s drug behavior into profit-making and non-profit-making categories.The third step is to classify whether the agent seeks drugs by themselves or not,and subdivide the act of purchasing drugs into two types: drug-seeking agents and running errand agents under profit-making and non-profit-making types.The significance of this classification is to provide a classification discussion basis for judging the status of the agent in the joint crime and the specific qualitative determination of the follow-up agent’s drug crime.The third chapter discusses the qualitative issue of the criminal behavior of purchasing drugs on the basis of behavior classification.This chapter is divided into two sections.The first section determines the nature of the behavior based on the purpose of the agent.The second section uses the transaction time node to determine the nature of behavior.In the first section,on the basis of whether the agent knows the drug use of the consignor,it is based on the agent’s accomplice type and the non-assistance type to distinguish between the agent’s profit-making purpose.First,it is clear that the profit-making purpose of the perpetrator is not the subjective aspect of the constitution of the crime of drug trafficking.Secondly,the purpose of profit-making is divided into two types: profit-making and remuneration.Among the crime-assisted purchasing agents,first,the agent who commits the act of purchasing drugs for the purpose of making profits,although he and the agent constitute an accomplice at the level of the agent’s drug crimes,they have already produced the purpose of making profits and then carry out trafficking.Acting,the agent has changed from a helper to a drug dealer,which independently constitutes the crime of drug trafficking.Second,if the agent commits the act of purchasing drugs for the purpose of gaining remuneration,he and the agent shall form an accomplice at the level of the agent’s drug crime.At the same time,the drug-seeking agent is the main offender,while the errand agent is the accomplice.Among the non-assisted crime agents,first,the agent’s purpose is to make profits,which constitutes the crime of drug trafficking.Second,for the purpose of seeking remuneration,the purchaser and the consignor constitute a joint crime while meeting the requirements of the crime of illegal possession of drugs or the crime of transporting drugs.Drug hunters are principal offenders,errand runners are accomplices.Finally,clarify the types of profit-making purposes in different situations of charging fees outside of necessary expenses,intercepting part of drugs,purchasing multiple purchases,and sharing food afterwards.The second section uses the transaction time node to determine the nature of the specific behavior,combined with the subjective mentality of the purchaser.First,when the purchaser is seized at the time(T1)when the purchaser reaches the drug purchase agreement with the purchaser,the purchaser knows that the purchaser is out of It is only the act of reaching a criminal consensus to agree to purchase the agent for the purpose of trafficking.Second,when the agent was seized at the time(T2)when the agent and the trafficker handed over drugs,the agent knew that the purchaser was for the purpose of trafficking,and the two parties were now accomplices in the crime of drug trafficking,and the act of buying for the sake of trafficking It’s done.However,the purchaser knows that the purchaser is for the purpose of self-sucking or injecting,and the two do not meet the amount of illegal drug possession standards,and the crime is not established.When the purchaser does not know the purpose of drug use by the purchaser,he should determine the behavior of the purchaser with the lowest consensus,and the charge of the purchaser should be determined based on his own purpose.Third,if the agent was seized within the time period(T1-T2)between the agreement of the agent and the delivery of the drug dealer,the agent was convicted of attempted drug trafficking because he knew the purpose of the purchaser’s trafficking.If it is not found,but the agent chooses to withdraw,the act of purchasing agent shall be suspended,and neither party shall be guilty.If the purchaser withdraws and the purchaser agrees,both parties will not be guilty.If the purchaser does not agree,the purchaser will change from the act of purchasing into a self-purchasing behavior,which has nothing to do with the purchaser.Fourth,if the agent was seized during the time period(T2-T3)when the agent was transporting the goods,the agent knew that the agent was involved in the crime of drug trafficking for the purpose of trafficking.When the agent knows that the purchaser is for the purpose of self-inhalation or injection,the agent and the purchaser are accomplices in the crime of transporting drugs.If the agent does not know,the agent shall be deemed to be the crime of transporting drugs with the lowest consensus.In addition,if the agent who has not been seized but withdraws midway,it does not affect the determination of the completion of the crime of drug trafficking.In the case of the withdrawal of the purchaser,the same can be determined in the same way.Fifth,if the agent is seized at the time(T3)when the agent and the consignor are handing over drugs,the act of agent has already been implemented at this time,and the agent knows the purpose of the consignor’s drug trafficking,and the two parties jointly constitute the crime of drug trafficking.The purchaser knows the purpose of the drug purchaser,and both parties constitute an accomplice in the crime of illegal drug possession if the quantity of drugs reaches the minimum standard.The fourth chapter is to put forward relevant suggestions on the legislation and judicial application of drug purchase.This chapter is divided into two sections.The first section draws on the model of criminal legislation outside the territory,and the second section considers the perfection of judicial application.The first section elaborates on the relevant crackdown modes in the criminal legislation of Russia and France.The Criminal Law of the Russian Federation incorporates the purchase of drugs into the criminal law.The French Penal Code incorporates the transfer of drugs for personal use into the criminal law.Both methods have certain reference significance under the background of our country’s anti-drug criminal policy.Criminalizing the purchase of drugs can effectively avoid the problem of unsuitable conviction for self-inflicted drug abuse,and it can also crack down on the drug market from both the supply and demand sides.The criminalization of the transfer of drugs can also increase the liability of drug buyers,combat the demand of the drug market,and solve the dilemma that the act of purchasing drugs cannot be relied upon.The second section is a reflection on the perfection of judicial application.The standards for determining the act of purchasing drugs should be unified.First,it should not be limited,and based on the passivity and dependence of drug purchase behavior,it should be accurately identified.Second,the Supreme People’s Court should restrict the release of relevant meeting minutes by local governments to prevent unfair cases across districts.Third,the expression "for drug addicts" in the minutes of the meeting was changed to "non-criminal purposes".When using criminal presumption methods,they must be reasonable and lawful.First,it is necessary to adhere to the reasonable suspicion exclusion standard,based on the principle of benefiting the defendant.Second,we should fully grasp the factual basis of the case,exclude other possibilities,and draw objective conclusions.Third,adhere to the attitude of common sense,common sense,and common sense,objectively identify profit-making purposes,and eliminate a one-size-fits-all judicial processing model.