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Research On The Distinction Of Drug Purchasing Behavior

Posted on:2018-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:N N WuFull Text:PDF
GTID:2346330542959240Subject:Law
Abstract/Summary:PDF Full Text Request
Drug crime has always been the country to crack down on crime,To avoid punishment,drug dealing methods are hidden,direct trading of bulk drugs in reality is not common,the drug purchasing has been a common type of transaction.As the Criminal Law on drug purchasing behavior is not addressed,the theory of drug purchasing behavior of how to deal with qualitative controversy.The first view considered drug addicted just be punished by possession of drugs,if someone help buying punished by a serious crime is unfair;the second view considers drug purchasing people through their own understanding and familiar with the drug traffickers,the subjective intermediate purpose shouldn't be punished;the third view considers should be given to the actor's subjective intention and the role of different identification.We believe that the identification for drug purchasing behavior,whether the infringement of legal interests in violation of drug crimes in specific legal interests and purchasing behavior to be punished is based on the degree of distinction that,by means of drug purchasing behavior and intermediary behavior of the difference between selling drugs for type analysis,to distinguish between different situations the identification and treatment of the difference: for not to profit for the purpose of taking drugs for others to play for the District branch of purchasing,process the drug trade effect.For drug addicts have designated supply chance for drug addicts to run errands purchased drugs,the number has not reached over large,can not be punished for the crime,this behavior is equivalent to drug transport,not punishment in accordance with the national look forward to the possibility of this behavior;for specializing in drug purchasing activities,even if not profit from,due to its promotion of the drug on the market,great harm not certain people's life and property safety,it should be considered with drug trafficking a summary of criminal intent,and provides convenience for drug trafficking a party selling drugs,drug trafficking and the accomplice for purchasing;rub suction behavior,is to see its pre-and indent who purchased drugs to negotiate and indent together taking,if without prior deliberation,after their agreement with taking indent The drug absorption behavior can not rub punishment,so the situation does not have the meaning of common crime is contact conspiracy;but afterwards to hide their own indent to deduct part of drug use,should be punished for theft,this is because in the drug purchasing,Purchasing Department of the indent agent,the ownership of those drugs purchased indent to advance;negotiate purchased drugs to take drugs,should be required to buy expensive,can be regarded as profit,for the crime of drug trafficking.
Keywords/Search Tags:Drug crime, Drug purchasing behavior, distinguish several occasions
PDF Full Text Request
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