Qualitative Study Of Drug Purchasing Behavior

Drug crime is rating high crime in judicial practice,Has also been a category under the criminal policy of combining strict governance in China.With the development of science and technology, the new way of drug trade also constantly, Act as purchasing agency drug has also become the norm,Because our country present criminal law and the relevant legal norms on behalf of drug behavior how to qualitative rules did not do,Only the relevant meeting minutes gave the guidance for this problem,But the minutes can’t be finalized legal basis, and the author has different views on qualitative meeting minutes, "dalian meeting minutes" from the purpose of profit to distinction between drug purchasing behavior qualitatively, the same number of drugs, actor subjectively whether has the profit motive, has a significant effect on conviction, from the point of view of criminal penalty, the crime of drug trafficking and illegal drug possession, there is much difference in sentencing, act as purchasing agency on subjective is the profit motive, take drug trafficking crime theory, whether the heavier punishment for act as purchasing agency? In this paper, with the question of meeting minutes to Qiu Mou act as purchasing agency drug case as an example analyses the drug purchasing behavior of qualitative research, in order to achieve adapted for the result.This article is divided into four parts, a total of about 20000 words.The first part: introduced the Qiu Mou behalf the basic situation of drug case. The cause of action of concrete cases, basic situation of the case, and in case of disagreement, from which summarizes the case the focus of the controversy is Qiu Mou drug purchasing behavior constitute the crime of drug trafficking or illegal possession of drug crime or innocence.The second part: the legal analysis. On the basis of the focus of the dispute, first of all to define drug purchasing behavior, on behalf the legislative status of drug behavior and theoretical differences are analyzed. Secondly, for the crime of drug trafficking and illegal drug possession of the constitutive requirements and the difference between the two are analyzed, especially for its objective behavior "trafficking" and "hold" are analyzed, in order to clear both the relationship between "purchasing behavior", through the analysis of free drug purchasing behavior, for profit, for the purpose of drug purchasing behavior and act as purchasing agency have broken after drug drug behavior difference between qualitative, put forward its own views. The third part: the analysis and conclusion of the case. Comprehensive legal theory analysis part, first of all to define Qiu Mou act as purchasing agency behavior of drug Qiu Mou behavior is identified for the purpose of making a profit for the behavior of the drug addicts buy on his behalf, and then through the analysis of the differences on the behavior of the qualitative put forward their views.The fourth part: the research of the case. On behalf of drug behavior qualitative are summarized and put forward their own legislative proposals.