Research On The Problem Of Intermediary Behavior In Drug Crime

Among the crimes stipulated in the Criminal Law,drug crimes are more popular.Because drug crimes are characterized by high risk and high profitability,drug crimes have become more and more popular,but drug sellers and drug sellers are generally strangers in real life,and it is difficult to gain mutual trust,so This has caused some obstacles in the conduct of the drug trade.However,through the role of the intermediaries of drugs,the buyers and sellers dare to break the law and conduct drug transactions.Because the behavior of the intermediaries of drug crimes facilitates the drug trade to a certain extent,and the intermediaries of drug crimes are attached to drug crimes,they can be indirectly punished through the interdiction of drug crimes.Drug crimes have a corresponding blow to drug crimes.Because the relevant laws and regulations in China have relatively vague provisions on the intermediation behavior of drug crimes,the minutes of the symposium promulgated by the Supreme Law have caused controversy in the academic circles,especially in view of whether this behavior is considered to be a crime or a non-drunk.In the judicial practice,there is no accurate guidance for dealing with the intermediation behavior of drug crimes,so that the same case will make different judgments,and the phenomenon of conviction and sentencing will continue to appear.Criminal actors will also think that there are legal loopholes and unscrupulous.Implement criminal acts.Through the analysis of the existing laws and regulations,the author summarizes the different voices of the academic circles,and makes corresponding determinations on the specific crime situations that appear in the judicial practice.Based on the above,the author puts forward his corresponding opinions and suggestions.According to the needs of the actual situation,the author regards the study of the intermediaries in drug crimes as the topic of choice,from the following four parts:The first part is an overview of the intermediation of drug crimes.First,the conceptof intermediary behavior against drug crimes is introduced and analyzed.Secondly,it proposes different types and five characteristics of drug crimes intermediation behaviors,namely,achieving the balance between legal protection and human rights protection,realizing the individualization of punishment,and finally briefly describing the necessity of criminal punishment of drug crimes.The second part is the theoretical divergence and analysis of the causes of drug crimes.This part mainly describes three kinds of doctrines: the theory of innocence;the theory of drug trafficking;the distinction between saying and its reasons.This part first systematically introduces the four reasons for the theoretical disagreement on the intermediation behavior of drug crimes,according to different theoretical differences and The careful analysis of the reasons enriches the context of the article and lays a solid foundation for the continued research of the article.The third part of the intermediation behavior of drug crime is different from other similar behaviors and its specific identification:(1)the difference between the intermediary behavior of drug crimes in criminal law and the intermediation behavior in the field of civil and commercial affairs,the difference with brokers,and the help of criminals.The different points of the help behavior are based on three aspects.After comparison and the construction of similar behaviors,the intermediation behavior in drug crimes is more clear.(2)The author divides the intermediation behavior into three levels,namely: 1.The nature of non-contact with drugs.2.Qualitative behavior of drug exposure.Therefore,to put forward their own opinions on the nature of such behaviors,so as to lay the groundwork for the following,more targeted solutions.The fourth part is that the author mainly puts forward relevant legislative proposals and judicial suggestions for all the above contents,and uses the powerful hand of law to curb the development of drug crimes,which is of strategic significance to China's anti-drug treatment.Thereby unifying different practices in judicial practice.