On The Behavior Patterns Of Brokerage In Drugs-dealing Case

Internationally speaking, the trade of drugs has become more and more complicated, concealed and organized. Just speak of the drugs-dealing cases investigated by Chinese police, we can find that brokerage in the trading procession becomes more and more frequent. Generally speaking, China's criminal law has no definition about this brokerage, while this behavior is concludes in the “trading” clause. Since the criminal law stipulates that drugs-dealing is punishable without considering its quantity, plus the Supreme Court made it rule that purchasing drugs with intention of trading should be defined not just “trading” but also “offense accomplished” in its memorandum on this subject, makes further perplexities. If there is “secret informant” in those cases, then the judgments of its behavior character and form should be more carefully. This article discusses the lawsuit of Majiashan, Liyunyue and Chenzeming, and gets to the conclusion that brokerage is criminally punishable. The topic revolves around the following topic of “criminal patterns”, “temptation investigation”, With analysis and demonstration, makes the conclusion, and estimate its form, its definition in the case of “singe and double temptation”, and make a propose of my own opinion. To be sure, this article puts its premium on the form of brokerage, not the brokerage itself. So first we stated the theory and practice of brokerage, then discussed the form of brokerage on this basis. The other item “temptation investigation” is not the focus of this article, but as an attached discussion, needs further research in the future.This article has five parts, about 20, 000 words.Part 1 introduces the above-mentioned lawsuit and its focus of dispute, i.e. is their behavior a crime or not? If the answer is yes, then, is this offense accomplished? Should the temptation of the police as an investigation measure be considered an attenuating circumstance?Part 2 analyzes the brokerage of drugs-dealing in the criminal point of view. Obviously, it's an important part in the drugs-dealing crime process. Since the brokers have a conspiracy with the dealer, have the intention of trading, is one important part in drugs-dealing, so we think the joint crime theory in the criminal law can definitely put to their case.Part 3 In this case, we discuss the standard of accomplished offense in drugs-dealing-includes brokerage. On one hand, we comparing the recent theory in drugs-dealing and the Supreme Court's view, and discuss its reason. On the other hand, we consider this offense as crime of abstract danger, with its specialties, and the psychological part of the offenders, make the conclusion that “delivery of drugs” should be the standard of accomplishment in this crime.Part 4 discusses the rules of temptation of investigation. First of all, since the drugs-dealing usually is committed in secrecy, we should analyze the connection and difference between controlled delivery and temptation investigation. Second, analyze the character of the dealer when temped in the criminal point of view, gets to the conclusion that we should confine the application of this measure of investigation, but the dealer while tempted still is punishable by criminal law.Part 5 is the conclusion. In this part we consider further into the countermeasures to drugs-dealing. According to the criminal law and current interpretations, Ma, Li and the secret informer is accomplice in the drugs-dealing, but ought not to be punished by law. Although as broker they behaved under the entrust of this informer, with the intention of drugs-dealing, conform to the Constitutive requirements of this crime, but since their behaviors was under the police's control, and have no trade object in reality, so we may say there is no legal order was offended.