On Whether The Drug Exchange Constitutes The Crime Of Drug Trafficking

With the progress and development of our society, the number and form of drugcrimes are increasingly rampant. Firstly, the renewed species of drugs have made itharder for the government to combat drug crime. Correspondingly, the emergenceand extension of new types of drugs has challenged our traditional laws on drug-related crimes. Secondly, due to the development and innovation of science andtechnology, the modes of drug trafficking which is in a key position are renewingconstantly, such as exchanging belongings or other drugs for drugs. Thecurrent provisions on drug crimes are hard to deal with this phenomenon. Thirdly,there has been no consensus on the theoretical conclusion of drug trafficking.The theorists are arguing about the meaning of trafficking， the necessity of“the aim of getting profits”, the scope of its object. Such arguments lead to theexpending of drug crimes, the infringing on civil liberties and impeding the criminallaw’s aim of protecting human rights. Therefore, to answer the new situation of drugoffenses, we should discover the essence of drug crimes based on the aimof punishing drug crimes, especially on the issue of drug trafficking whichis in a key position. In another word, we should understand the reason why wepunishing it and the nature of the crime of drug trafficking, only by doing this can werealize the typed behavior of the drug trafficking crime. By comparing it with thereciprocity in our society can we make suitable provisions to penalize such behaviorand achieve the criminal law’s purpose of fighting with crimes and protecting thehuman rights.This paper tries seeking the nature of the crime of drug trafficking byintroducing the argument on the behavior of drug trafficking and then comes thepurpose of punishing the crime of drug trafficking. In this part, the author focuses onthe behavior of “trafficking” and the purpose of “profit-making” which are the centralcomposition elements. Finally, we discuss the drug trafficking behavior in different situations on the basis of the purpose of the crime of drug trafficking.By such analysis, we may safely draw the conclusion that the behavior of drugreciprocity on the purpose of “spreading” constitutes a crime while on the purpose of“for own use” cannot constitute a crime.The main research methods of this paper are as follows: starting fromliterature analysis to talk about the drug reciprocity as one of the liquid forms anddetermine the purpose of the crime of drug trafficking. Under this guidance we willanalyze the central composition elements of the crime through the methods ofcriminal hermeneutics and comparative analysis. Besides, the research refers to othersubjects, such as criminal hermeneutics, sociology, civil law, which can surelybroaden our vision.The innovativeness of this paper is imbedded in starting from the purpose of thecrime of drug trafficking to analyze the drug reciprocity with different purposes. Wehope the analysis of this paper can help to perfect the criminal justice system andprovide theoretical support for judicial practice.