Cognizance Problems Research On Special Type Drug Trafficking

Drug trafficking is a crime which it is with higher incidence and wider range of influence in today’s society, meanwhile, it is one of the crimes that need to clamp down in China’s criminal work. Investigation organ is constantly increasing to crack down drug crimes while at the same time the drug dealers has changing criminal means, especially on the cases of drug trafficking. This article is mainly on the research of how to identify special type drug offense behavior.Part one is the distinguishing cognizance upon intermediary introduced behavior of dealing drugs and the behavior of purchasing drug for someone else. Firstly, it defines the behavior and types of purchasing drugs for someone else, and states the existing controversy on this behavior in our practice; secondly, it makes a research on the distinction between the behavior for drug transaction through a middleman and the behavior for purchasing drug for someone else.Part two is mainly to research the evaluation of criminal law for drug behavior and voluntary bestowal drug. In the first place, it is specific defined the "trafficking", and analyze its subjective aim of drug trafficking which it’s profitable but not profit-making; in the second place, it discusses how to judge the behavior of reciprocity drug. Because it is with the characteristics of the profit and it’s just the change of trading media, so this doesn’t influence constitution of the crime; lastly, it studies the behavior of voluntary bestowal drug which although it makes the drug circulation and is hazard to the society, it’s short of profit subjective purpose, it shouldn’t be evaluated as a crime.Part three is the research for the connection between intervention factors and crime of drug trafficking. First of all, it is to account the special circumstances intervention; next, it is to introduce the indentified controlled delivery and the treatment in judicial practice; at last, through the analysis and discussion, the influence upon the objects of crime of drug trafficking under the intervention factors is to infringe on complex objects, it includes the infringement on physical and mental health of citizens. This is enough to be identified as a crime. It is unable to complete the transaction which it is only because of the presence of intervention factors, while it has some influence on criminal pattern.