| Purchasing drug behavior and reciprocal drug behavior is a special type of drug trafficking with the development of drug crime,which differs greatly from the typical drug trafficking.Purchasing drugs in the purchase of people are entrusted to buy drugs,the payment of the price in reciprocal drugs behavior is in addition to the currency of other property.Although the minutes of the meeting have stipulated the nature of purchasing drugs,but the content of the rationality of the need for further discussion.There is no official provision for reference on the nature of reciprocal drug behavior,and the nature of the act is more and more arbitrary in the judicial practice,which causes considerable damage to the judicial credibility.The basis for the determination of the nature of the illegal behavior comes from the theory of criminal law.Therefore,we should rationally use the theoretical knowledge of criminal law to determine the nature of the criminal law of drug purchasing behavior and reciprocal drug behavior.This article is divided into four parts.The first part is the analysis of the typical drug trafficking behavior.Mainly from the two aspects of the typical drug trafficking behavior and its profit-making purposes,analysis of the typical drug trafficking acts of compensation,behavior and profit-making purposes.Eventually we believe that the typical drug trafficking behavior must be paid.Drug trafficking involves selling drugs separately.The purchase of drugs for the purpose of trafficking is not a trafficking act in the crime of drug trafficking,it is a preparatory act for the crime of drug trafficking,but this preparation should be punished by the crime of drug trafficking;Drug trafficking must have profit-making purpose,and profit-making is the unwritten crime constitutive element of drug-trafficking crime.The second part is the determination of special types of drug trafficking.In this paper,the special types of drug trafficking are defined as two types of purchasing drugs and reciprocal drugs.Then it introduces the drug purchasing and reciprocal drugs from the aspects of the concept,characteristics and classification of the behavior,distinguishes the difference between them and similar behaviors,and discussed in detail in the purchase of drug behavior in the profit-making purposes.The third part is the study of the nature of criminal law of drug purchasing behavior.By introducing the judicial application and theoretical disputes of drug purchasing behavior,summed up the procurement of drug behavior in the nature of the controversy in the focus of the dispute,and comment on them.Then the purchase of drug behavior is divided into for others to purchase only for the use of drugs,for others to purchase drugs for sale,for others to purchase drugs in transit was seized three different situations,one by one detailed analysis of the nature of the criminal law of purchasing behavior.The fourth part is the study of the nature of criminal law of reciprocal drug behavior.By combing and summarizing the controversial viewpoints and arguments on the nature of reciprocal drug behaviors in the academic circle,this paper summarized the controversial issues in the characterization of reciprocal drug behaviors,and comment on them,and then classified the reciprocal drug behaviors into five different situations which are simple and easy drugs,supplementing the gold reciprocity,exchanging drugs with other property,exchanging drugs with property interests,and exchanging drugs with non property interests,and analyzing the criminal nature of their behavior in detail. |
