Research On Judicial Determination Of Act Of Purchasing Drug

Overall situation of drug crime in China remains severe.Drug purchase constitutes one section of drug distribution.Subject to the following non-exhaustive factors of purchase entity,mental and subjective status of the entity,method and quantity of purchase,it has been proved challenging in the practice of criminal justice to distinguish whether a drug crime is committed and which charges should be placed with.This paper,based itself on real cases,analyzes the subjective purpose of purchase entity and its purchase method to confirm the judicial cognizance of the purchase behavior,while taking into consideration of purchase quantity and the status and role of human behavior.This paper includes the following six parts:The first part focuses on the cognizance of drug trafficking.It categorizes typical forms of drug trafficking and examines the judicial cognizance of the behavior of buying drugs for sale.The second part analyzes on the cognizance of drug purchase behavior.It provides an overview of the development of China's attitude towards drug purchase,especially towards the purpose of drug trafficking as well as the distinction between purchase process and the transportation process,as illustrated in relevant judicial documents in the different periods of time.The third part examines the cognizance of buying drugs when acting as a purchasing agent.Based on real cases,it analyzes a variety of buying behavior when acting as a purchasing agent to identify its respective nature.It comes to conclusion that buy drugs when acting as a purchasing agent should be considered with more the punishment,part of which may amount to the charges of drug transportation.The fourth part looks into the cognizance of logistics delivery of drugs of drug dealers and recipients on other's behalf.It explores the possibility that some of the recipients on other's behalf may constitute the crime of drug transportation.The fifth part explores the cognizance of the responsibility of clients in the purchase of drugs.The sixth part examined the cognizance of the intermediary and reselling behavior.