Judicial Cognizance Of The Act Of Purchasing Drugs On Behalf Of Others

The drug problem is a serious challenge that human society is facing.The proliferation of drugs has caused many social problems and has a wide range of adverse effects.In recent decades,my country has adopted all-round measures to strictly control drugs from the production end to the consumption end.However,drug crimes have been repeatedly prohibited,and the anti-drug situation is still very severe.Under my country’s high-pressure anti-drug criminal policy,drug criminals are extremely cautious in order to reduce the risk of being caught,and they are more willing to trade with acquaintances.In this context,purchasing drugs came into being,and quickly became a new form of drug crime,being "hotly praised" by drug criminals.However,the act of purchasing drugs as a new form of drug crime has fallen into the embarrassing situation of lack of norms.Purchasing drugs is not an existing criminal law crime.The current criminal law of our country does not provide for the act of purchasing drugs,which has led to the criminal law theory and practice circles to buy drugs.There are many differences in the identification of drug behavior.Based on the actual needs of combating drug crimes,the Supreme People’s Court has successively issued three drug crime conference minutes to guide judicial practice.The minutes of the meeting took the lead in proposing the term purchasing drugs,and made corresponding regulations on the behavior of purchasing drugs,and continuously improved them.However,in the face of complex and changeable situations in practice,the provisions of the meeting minutes cannot cover all types of drug purchases.At the same time,whether the meeting minutes can be used as a basis for a verdict and its nature are also controversial.Therefore,in judicial practice,when local courts deal with drug purchase cases,different sentences in the same case occur from time to time.This not only is not conducive to the accurate conviction and sentencing of the case,but also greatly affects the judicial authority.Practice is the only criterion for testing truth.This article starts from judicial cases,through the China Judgment Documents Network,combs out the drug-related purchase cases in 2020,finds out the judicial status of the determination of drug purchase behaviors,and discusses the more controversial cases in practice.Carry out specific analysis,discover the problems in practice,and summarize the disputes in the case.On this basis,try to put forward specific suggestions on the identification of drug purchase behaviors,in order to achieve a combination of theory and practice.This thesis is structured by the introduction,body and conclusion.The introduction mainly introduces the research background and significance of the article,research summary,and research methods.The concluding part summarizes and sublimates the article.The first part of the main text introduces an overview of drug purchase behavior.Starting from the concept of drug purchase behavior,it defines the behavior of drug purchase,and then analyzes the characteristics and main types of drug purchase behavior,and then introduces drug purchase behavior and intermediary sales in judicial practice.There is confusion in the identification of drug behaviors and drug reselling behaviors in the middle,and similar behaviors are distinguished.Through the analysis of the behavior overview,it lays the foundation for the following research and provides theoretical support.The second part of the main text mainly analyzes the status quo and existing problems of the judicial determination of purchasing drugs.This article sorts out 600 cases involving purchasing drugs that have been concluded in 2020 through the China Judgment Document Net.The court mainly involved three charges when determining the act of purchasing drugs,namely the crime of trafficking in drugs,the crime of transporting drugs,and the crime of illegal possession of drugs.Some minor acts of purchasing drugs may not be criminally dealt with.Through the analysis of related cases,it is found that the controversy of the judicial identification of drug purchase activities mainly focuses on the identification of profit-making purposes and the identification of the act of transporting drugs by agent.Through the analysis of the status quo of drug purchase behavior and the summary of the disputes of the case,this article found that in judicial practice,the proportion of drug purchase behavior that is recognized as the crime of drug trafficking is relatively high.Judicial practice has different understandings on whether the purpose of profit is the constituent elements of the crime of drug trafficking and the specific connotation of the purpose of profit.The third part of the main text is the identification of specific charges for the act of purchasing drugs.Based on the research on drug crime related theories and combined with practical cases,the author tries to put forward my own views on the identification of acts of purchasing drugs.The identification of the act of purchasing drugs includes four situations,namely,the situation identified as the crime of drug trafficking,the situation identified as the crime of transporting drugs,the situation identified as the crime of illegal possession of drugs,and the situation identified as not constituting a crime.In the criminal law theory and practice circles,it is more controversial whether the act of purchasing drugs as a crime of drug trafficking must have a profit-making purpose.This article believes that the act of purchasing drugs to constitute a crime of drug trafficking requires a profit-making purpose,and the specific connotation and determination standard of profit-making Expand the detailed discussion.First of all,the circumstances in which the act of purchasing drugs is deemed as the crime of drug trafficking include: purchasing agents who collect money or other property benefits,purchasing agents who collect part of drugs for the purpose of trafficking,purchasing agents who secretly detain some drugs for ingestion,and purchasing agents who have repeatedly smoked.Secondly,the identification of the act of purchasing by purchasing agents should define the “transportation”,that is,the distance should be the standard of the act of identifying transportation.Based on this,the agents who transport drugs on behalf of agents and those who are seized during the long-distance transportation will have a relatively large amount of drugs.The above is deemed to be a crime of transporting drugs;once again,the act of purchasing drugs as a crime of illegal possession of drugs includes: non-profit purchasing agents,a large number of non-profit purchasing agents,and agents purchasing drugs for others,in short distances Seized during the transportation,there is no evidence to prove that the agent is for the purpose of committing other crimes such as drug trafficking,and the quantity of drugs has reached a large number;finally,the act of purchasing drugs does not constitute drug trafficking,including: special relationship non-profit purchasing agent,consignment purchase The non-profit purchasing agent dominated by the user,the small number of non-profit purchasing agents dominated by the agent,the small number of occasional purchasing agents.