| With the development and change of the drug crime situation,some new situations and difficulties have emerged,which has led to a great controversy among the judiciary at all levels in dealing with drug crime.For example,on behalf of drug users to buy drugs for the problem,trafficking for the purpose of illegal acts of attempted bribery and accomplices to the problem of merit.The judiciary,in the form of a summary of a symposium,and some local judiciary have issued regulations on the issue,but there is a contradiction between the two.The lack of clarity in the judicial interpretation has led to the judiciary’s arbitrary identification of drug consignment,which in turn has led to inaccurate characterization of drug consignment.The determination of the nature of drug purchasing for drug addicts should be based on the legal basis and the relationship between consignors and drug buyers.In the crime of drug trafficking,the act of trafficking includes the Act of trafficking and the act of illegal buying for the purpose of trafficking.Whether or not an illegal act of buying for the purpose of trafficking is considered as an attempt to commit a crime should be determined on the basis of such factors as the subsequent act of buying,the circumstances of entering into the substantive part of the transaction,etc.,in which the drug money paid has not been paid for by the drug,according to the difference of harmfulness between drug traffickers and buyers,and the principle of applicable criminal responsibility,it is considered that the attempted crime of drug trafficking is more appropriate.The cognizance of accomplice’s meritorious service in drug crime can be divided into two situations: the one in drug trafficking and the other in joint crime.In judicial practice,in addition to the four cases of meritorious service stipulated by law,the judicial authorities should also determine the performance of meritorious service according to the extent of the positive role played by the defendant in the process of judiciary the arrest of an accomplice. |