Qualitative Analysis Of Drug Purchasing Agents

In recent years,the criminal law circle has carried on the positive discussion to the drug purchase behavior qualitative question.Among them,the boundary between crime and non-crime between drug purchase and drug trafficking has become the focus of discussion.However,there are many defects in the discussion,such as subjective identification of charges and confusion of elements of accusation identification,and many discussions have been difficult to reach a unified conclusion.In order to solve this problem,this paper attempts to analyze the drug purchase behavior.This paper follows the logical sequence of problem raising,problem analysis and problem solving,and divides four parts into four parts to analyze and discuss the problem,that is,the qualitative analysis and discussion of drug purchase behavior,in order to make a concrete analysis and discussion of the problem.For the theoretical research and judicial practice is beneficial.The introduction of this paper is divided into four parts,as follows:First,Summary of drug purchase behavior.It includes two parts:the concept and characteristics of drug purchase behavior and the type analysis of drug purchase behavior.In the part of the concept and characteristics of drug purchase,starting from the development process of the word "agent purchase" and the main characteristics of the drug purchase behavior,the concept of drug purchase by agent is clarified,that is,the actor accepts the help of others to buy drugs.There must be two processes of behavior,namely,purchase and transfer,and once independent possession and control of drugs.This part analyzes the type of drug purchase behavior,and points out the behavior subject and the concrete behavior way by means of this part.The behavior of drug purchase is divided into four types:principal purchase,free(A),purchase,paid(B),purchase,free(C),purchase and paid(D).Section two,General situation and qualitative Analysis of Criminal laws and regulations on Drug purchase.This part firstly combs and analyzes the criminal law about drug purchase behavior,and finds out the deficiency of the current criminal law.Then the specific analysis of the four drug purchase behavior,find out the qualitative process of drug purchase obstacles,that is,what is the crime of drug infringement of legal interests?What is "trafficking" in the crime of drug trafficking?Is the crime of drug trafficking for the purpose of profit?Section three,The nature of the crime of drug trafficking This part begins with the function of legal interest and makes a comparative analysis of many disputes existing in the field of criminal law,and clarifies that the legal interest of drug crime is the non-flooding of drugs.Then through the application of the criminal law interpretation method,respectively from the meaning interpretation,the system interpretation,the purpose explanation angle carries on the analysis.It is concluded that "trafficking" in the crime of drug trafficking refers to the act of selling drugs(the act bought for sale is the preparatory act of the act).The crime of trafficking in drugs has the characteristics of compensation,but it does not take the purpose of profit as the necessary constituent element.Section four,Based on the nature of drug trafficking in the nature of drug purchase behavior.This part firstly analyzes the boundary range between drug purchase and drug trafficking crime,and makes a qualitative analysis of the infringement of legal benefits and the nature of "paid transfer".After that,the four types of drug purchase behavior were analyzed separately.For the drug purchase behavior led by the entrusted buyers,the crime of drug trafficking could not be convicted,but only according to the number of drugs in possession,the crime of drug trafficking could not be convicted.The crime of illegal possession of drugs or other drug-related crimes;In a drug purchase led by the agent,the free agent is acquitted according to the quantity of the drugs in his possession,the crime of illegal possession of drugs or his His drug crime;convicted of trafficking in drugs for paid drug buyers.