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Identification Of Atypical Drug-related Behaviors

Posted on:2021-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:X GuanFull Text:PDF
GTID:2416330623471010Subject:Law
Abstract/Summary:PDF Full Text Request
Drug purchasing on behalf of others refers to that the buyer entrusts the buyer to help him/her purchase the specified quantity and variety of drugs.The relationship between the drug buyer and the agent buyer belongs to the relationship of entrustment and entrustment.If there is no entrustment of the drug buyer,there will be no agent buyer.The term "dawdle" refers to that the agent collects a small amount of drugs from the drug buyer for the purpose of taking them by himself.For the identification of the nature of the agent's "sucking" drug behavior,we should judge whether the agent's "sucking" drug behavior belongs to "profiting from it" through the identification of "profiting" in the agent's drug behavior.If the agent and the buyer have agreed on the agent's buying and sucking in advance,or they have cooperated for many times and reached a tacit understanding of "sucking",then the agent "sucks" In other words,it can't be regarded as profiting from it,that is to say,the occasional "sucking" by the agent can only be regarded as friendship behavior.The crime of drug trafficking does not have to aim at making profits subjectively,but it must aim at trafficking.Because in the drug trafficking,even if the actor does not take profit as the purpose subjectively,or take drugs as the consideration of the transaction,so the drug trafficking has the nature of compensation,the behavior of giving drugs without compensation can not be regarded as the crime of drug trafficking due to the lack of compensation.To sum up,the behavior of the actor transferring drugs below the purchase price is in line with the "trafficking" in drug trafficking,which constitutes the crime of drug trafficking.In a narrow sense,drug exchange refers to the exchange of drugs between the actors.The drugs exchanged can be different in category,purity,quality,etc.The act of selling drugs should be based on the act of buying and selling.Even though the act of exchanging drugs and the act of buying and selling drugs have the nature of compensation,considerationand circulation,the consideration in the relationship of buying and selling drugs must be the price,and the consideration in the exchange drugs belongs to the goods prohibited from circulation in our country.Because of the different consideration paid,the exchange of drugs and the sale of drugs can not be equal,so the exchange of drugs can not be regarded as the crime of drug trafficking.
Keywords/Search Tags:drug trafficking, drug purchase, exchange
PDF Full Text Request
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