Some Problems Of The Crime Of Drug Trafficking

This article has five parts in all. The first part: the concept of the crime of traffic in drugs, from the acceptation of the word itself, " traffic" emphasizes particularly on the signification of selling. The act of purchasing that must leech on to the action of selling constitutes a crime. The purchase that is not for the purpose of sale does not constitute a crime. The "crime of traffic in drugs" namely means the act of knowing they are drugs and illegally sell them or the illegal purchase on the purpose of trafficing.The second part: whether the crime of traffic is required to have a purpose of seeking profits in the subjective respect. Traffic has the meaning of obtaining profits, which include motive of personal profits and motive of other profits. As long as an actor accomplishes traffic in drugs, he is affirmed to have purpose for seeking profits, and he is not required to obtain actual profits simultaneously.The third part: the objective manifestation of the crime of traffic in drugs. Whether the middleman service of selling and buying drugs constitute the crime of traffic in drug mainly depends on whether the middleman subjectively knows it clearly or not. If the middleman doesn't know clearly that the purpose of other persons on purchasing drugs is for traffic, he can be considered to have no purpose of seeking profits, and he cannot be punished for the crime of traffic in drugs as an accomplice. The relationship between the crime of traffic in drugs and illegally holding the drugs differ in the aspects of subject and objective act. For "Illegal actions of purchasing drugs for the purpose of trafficing", the origin of drugs have been found, and it can beconfirmed to belong to the illegal actions of purchasing drugs, the objective act reflects subjective intention.The fourth Part: formation of the crime of traffic in drugs. The crime of traffic in drugs is an act offence, the accomplished formation is taken drugs in the round of dealing as requisites. Except for the attempted crime of traffic in drugs that cannot be offend, the attempted act offence is just in the situation of the attempt that is being accomplished. The objective accomplished act to constitute a crime includes method act and objective act. The method act of traffic in drugs is considered as the crime that is being accomplished. After accomplishment, if the drugs do not put into the dealing round because of factors out of the will, it constitutes attempted crime. The crime of traffic in drugs has the suspended offence and the preparatory offence.The fifth Part: the crime of traffic in drugs is taken the amount of drugs as the criterion of imposing penalty, which can play the role on differentiating the limit of crime or non-crime and standard suitable for the different penalties. The criterion of imposing penalty of drug morphine should be confirmed compared to that of the heroin. The criminal law stipulates traffic in drugs is considered to constitute the crime regardless the amount of drugs. There is a contradiction between sub-provision and general provision, and the sub-provision of the criminal law should be revised. The crime of traffic in drugs should be converted according to the purity, which should be done respectively in accordance with different situations of the ordinary offence and capital offence.