Imperfection & Legislative Perfection Of The Setting For The Crime Of Legal Drug-holding

Law is the science to research the should-be, and the research objects come from the social reality, and serve the social reality. In the process of establishing the legal criterion and regulations, the need to protect what social relation and how to comment on the social relation is a problem of interests alternative, which needs to seek the balance and harmony in protecting the safety of both activeness and stillness to satisfy people's material and spiritual demands. Thereby, with the establishing and developing of market economy, while people pay more and more attention to the transaction security and order, credits are facing enormous challenge. So it is necessary to provide more safety to the activeness.The theory of right appearance breaks the traditional understanding that civil laws consist of meaning independence and contract freedom, and finds the powerful weapon and foundation to protect the transaction security and order and maintain the honesty and credit. The explanation principle of meaning expression that takes the expressionism as principle and the meaning-ism as exception provides a useful tool for the implementation of the right appearance theory.The research of the appearing civil legal behavior is to concrete the right appearance theory, and make it more practical to operate, thus provide a useful ruler for the establishment of criterion and the judgment of the party. At present, the research of the appearing civil legal behavior still rests on the research of theindividual case of that behavior. The inability to dig into the appearing civil legal behavior lays barriers not only for the settlement of the disputes and the establishment of criterion but also for the classification of the legal criterion.No matter being called meaning expression flaws or incomplete meaning expression, the failure in correct meaning expression, that is, the disagreement between the heart-felt meaning and expression meaning, is the main reason of the appearing civil legal behavior.The difference between expression meaning and true meaning creates appearing fact and impersonal fact. The person with whom the opposite party and the goodwill third pan:y reach common understanding and the legal results thus caused, have connection with the problem of interests alternative. The choice brings to surface two structures of civil legal relations: appearing civil legal relation and real civil legal relation. It is not right to say generally which relation should be protected. To answer that, the behavior party who caused the appearing fact is to be judged whether he is responsible, and as for the opposite party and the third party, they are to be judged whether they have the reliable interests to protect.Protecting the interests of the goodwill opposite party and third party is the reason to research the appearing legal behavior and the need to be protected the normal transaction order and promote the honesty and credit.