The Judicial Cognizance Of Purchasing Drugs For Other People

Drug crime is the fastest growing type of crime,and China has always adhered to a tough attitude to crack down on drug crime.However,facing the typical behavior such as "buying drugs for others",Chinese Criminal Code and related judicial interpretations are too general and vague and lack guidance.In general life,it is so common for us to accept different judgments even facing the same condition.This paper try to find out how to identify different behaviors of buying drugs for others correctly.The first part is to compare typical judgments and try to point out the dispute in practice,that is,whether "profit-making" is a constituent element of narcotics trafficking,whether the act of purchasing drugs on behalf of others constitutes the narcotics trafficking,and the transportation behavior during the purchasing process.How to identify.The second part summarizes the current theoretical differences in the characterization of drug purchasing behaviors and probes into the main reasons for these differences.It mainly includes three reasons: the lack of legislative links,the inconsistent identification of the elements of narcotics trafficking,and the failure to systematically and comprehensively identify the behavior of purchasing drugs according to a reasonable path.The third part is to put forward a reasonable way to identify the behavior of purchasing drugs.It should follow the idea of from principal to accomplice.First,determine whether the purchasing agent constitutes the principal of the narcotics trafficking.Otherwise,it is judged whether it constitutes the instigator or helper of the narcotics trafficking.The transportation behavior in the process of purchasing drugs on behalf of others has generally been absorbed by the narcotics trafficking,and is no longer convicted separately.However,when the contemporary purchaser does not constitute the crime of drug trafficking,but constitutes a helper,he can help the criminal and transport drugs in the narcotics trafficking.The main offender shall choose one of the heavier punishments,which shall be separately identified as constituting the crime of transporting narcotics.