Research On The Judicial Determination Of Drug Behavior On Purchasing Agent Of Northwest University

All along,the judicial practice of our country is to crack down on drug crimes,including drug purchasing a common form of trading as drug trafficking,plays an important role in drug crimes,common type and drug purchasing is practice in the judicial organs to deal with drug-related criminal cases.China's law does not specify how to identify drug purchasing behavior.In order to effectively combat drug crimes,the Supreme People's court has three minutes of the meeting in the form of drug purchasing behavior has been stipulated,meeting minutes to fill the gaps in the judicial practice of drug purchasing related provisions,but the meeting minutes also resulted in a conviction in judicial practice to identify on the drug purchasing behavior there are many disputes,the relevant meeting minutes on the drug purchasing behavior did not establish separate charges but with other charges related to each other,because of the different situations respectively constitute the crime of drug trafficking,crime of illegal possession of drugs and drug trafficking crime.There are many problems in the judicial practice of purchasing drug acts,which bring various problems to judicial officers in the field of conviction and sentencing.As mentioned above,the determination of the accusation of drug purchasing behavior can not fully contain many forms of crime of purchasing drug acts in practice.Therefore,the correct identification of drug purchasing behavior,the correct application of the law to regulate,is an important legal issue that affects whether the perpetrator constitutes a crime,constitutes what kind of crime,crime severity and unified judicial scale.According to the analysis of the situation and for the specific case in the judicial practice of purchasing drug cases,the difference between first by introducing the concept,meaning and characteristics of drug purchasing behavior and drug purchasing behavior and intermediary,and analyzes the legislative changes of drug purchasing behavior,and node identification of drug purchasing behavior and the judicial practice,the drug purchasing the behavior does not constitute a crime,the drug purchasing behavior constitutes a crime,and concluded that the drug purchasing behavior problems in the judicial practice,in view of the current drug purchasing behavior in the judicial practice problems puts forward related suggestions.At present,China's criminal law on the drug purchasing behavior have no definite provisions,so the author thinks that:firstly,we should improve legislation on the basis of identification of drug purchasing behavior;secondly,specify the standard drug purchasing behavior,purchasing for rub suction,transaction,etc.to the condition of drug purchasing behavior should be identified as a crime;finally,the drug purchasing behavior to the crime should be combined with profit as the precondition,will profit the drug purchasing behavior directly into sin,and for not profit but the number of drug purchasing behavior should also be identified as the crime of drug trafficking.