Profit-making Purpose Of Drug Trafficking

With people's economic standard of living continues to improve in our country, the number of drug crimes in recent years is becoming rising, especially the drug trafficking crimes as the source of drug supply .Given the grim situation of drug trafficking, how to combat drug trafficking toughly, accuratly and effectively has been one of the important sector issues in judicial practice. However, in the specific practical operations, there are many difficult problems of the crime of drug trafficking in the understanding and application. And the biggest focus of controversy is about whether the conduct of drug trafficking in the drug trafficking crime should have a profit-making purpose. I will, in this article, analyze and discuss the topic with four chapters in order to study the theory of the crime benefit with the judicial practice, following the logical order of proposing- analyzing- solving problem.Apart from the introductory part, this article can be divided into four sections. The first chapter brings forwoard the problem through the qualitative analysis of drug trafficking. The second chapter theoretically analyze the issue, then reveal the substance of the dispute. The third chapter analyze and demonstrate the substance of controversy, and ultimately conclude some correct interpretated methods and procedures. The forth chapter, based on the third chapter demonstrate the correct interpretation of the topic.The first chapter proposes the problem - qualitative analysis of the act of purchasing drugs instead of somebodyelse. This chapter is divided into two parts. The first part is a basic overview of purchasing drugs instead of somebodyelse. The second part is the qualitative analysis of the purchasing drugs, thus leads to the topic-whether drug trafficking should have a profit-making purpose. In the first part of this chapter, I don not only explain the content of the act of purchasing drug instead of somebodyelse, tell the difference between it and the intermediate drug trafficing, but also classifies it through a chart. In the second part, I firstly introduce the profile of the criminal laws about purchasing drugs instead of somebodyelse. Secondly, I respectively make qualitative analysis of each type of the purchasing drug instead of somebodyelse, thus conclude that the real controversy which is no explicit law to follow exists in practice is only one, and that is the essence of qualitative analysis -whether drug trafficking should have a profit-making purpose.The second chapter is about theoretical argument on whether drug trafficking has a profit-making purpose. In this chapter, I will firstly simply introduce the "three-stage" profile of profit-making purpose in criminal law and regulation. Secondly, I will describe all kinds of views which is called denied, admitted and compromise said. Finally, make comparison and analysis of views, thus reveale the controversial substance, which is called "whether is appropriate", that is, how to select, coordinate and properly use of meaning interpretation, systematic interpretation and expansion interpretation.The third chapter is about comments on the use of criminal law interpretation. In this chapter, I will analyze the concept and function of meaning interpretation, systematic interpretation and the interpretation of the expansion, and conclude a specific corresponding procedure and method of application. Meaning interpretation is in the priority position, which should be followed by principles of classification. The different words are for different interpretations. I destramte different criteria for different words by a chart. Systematic interpretation is a complementary interpretation. The use of it should not only meet certain conditions, but also follow some laws, for example the identical law, the exclusive law, and the similar law, and far before, and then the first part of the whole, contrary to the principles of the first kind then and methods. Appropriately use of expansion of interpretation can avoid the lag of statute, but we should grasp the boundaries between it and analogy interpretation.The fourth chapter is about hermeneutics argument of the purpose of profit-making. In this chapter, I will make meaning explanations of purpose of profit-making twice under the applicable standards in the third chapter, thus come to the conclusion that the purpose of drug trafficking should be aimed at profit-making. Secondly, based on systematic interpretation's steps, make systematic interpretation of relations between the regulation of drug trafficking and the context where it is, and the chapter where it is, and the similar charges, which is corresponded with the conclusions which meaning interpretation comes to. Finally, make expandsion explaination of the purpose of profit-making ,which includes two parts-the comments on the necessity and correctness of expansion interpretation.