Qualitative Analysis Of Drug Purchasing Behavior

As a new type of drug crime,drug purchasing is becoming more and more normal and diversified.The situation involved in the judicial practice is complex and the nature difficult to determine.China's criminal law and relevant judicial interpretations have not regulated the act of drug purchasing.In judicial practice,Dalian Conference Summary and Wuhan Conference Summary are the main basis for handling cases.However,the summary of drug conference is the nature of judicial documents,and its legal effect is controversial.Moreover,even if the legal status of the summary of the conference is recognized,the contents of drug purchasing involved only include part of the drug purchasing behavior,and the guiding role for judicial practice is limited.Therefore,it is of great significance to conduct a qualitative analysis of drug purchasing under different circumstances for guiding judicial practice.According to the typological analysis of the cases involved in the criminal judgments on drug purchasing,there are four kinds of nature determination of drug purchasing in judicial practice: drug trafficking,drug transportation,illegal possession of drugs and non-constitutive crimes.Among them,the crime of drug trafficking,drug transportation and illegal possession of drugs can be jointly committed by the purchasing agency and purchaser,and the crime of drug trafficking can also be separately committed by the purchasing agency.In view of the simplicity of drug purchasing in judicial precedents and the controversial situation of drug purchasing in judicial cases,it is necessary to analyze whether these controversial drug-purchasing acts constitute a crime and what kind of crime they constitute on the basis of judicial precedents,then specifically come to drug purchasing behavior,in order to accurately determine the different types of drug purchasing behavior.There are different problems of the nature determination of specific drug purchasing behavior according to the charges involved.To constitute the crime of drug trafficking,it is necessary to make clear whether the act of drug purchasing needs the extra subjective element of profit making.The crime of transporting drugs should be differentiated from the crime of illegal possession of drugs.If the crime of illegally holding drugs is constituted,it is necessary to make clear whether the quantity of drugpurchasing can be aggregated.The nature of drug purchasing behavior should be classified as follows: purchasing agency collecting cash or other property interests,purchasing agency collecting part of the drug for the purpose of trafficking,purchasing agency privately withholding drugs for the purchase of drugs,or purchasing agency frequently getting drugs free of charge,constitutes the crime of drug trafficking.A large number of drugs purchased are found in the course of transportation,and there is evidence to prove that the purchasing agency has the drug crimes purposes including selling,which constitutes the crime of drug transportation.If the quantity of drugs purchased by the purchasing agency free of charge is large,the cumulative number of drugs purchased by the agent is large,and the social harm is great,or the quantity of drugs purchased by the agent is large,and the drug is seized in the course of transportation,but it is unable to verify that the agent has the purpose of committing drug crimes,the crime of illegal possession of drugs is constituted.It does not constitute a crime to purchase free of charge in a special relationship,to purchase free of charge by a designated seller,to buy for free occasionally by a non-designated seller,or purchase agent gets drugs free of charge.At the same time,we can define the nature of drug purchase by issuing judicial interpretations and guiding cases so as to make the nature of drug purchasing behavior clearer in judicial practice.