Definition Of Trafficking In Drug Crimes

As is known to all,drugs are one of the world's public nuisances.They have a great destructive effect on people's physical and mental health and social order,and have serious social harmfulness.In practice,more than 80% of drug crimes are drug trafficking cases.The high prevalence of drug trafficking and the characteristics of expanding the circulation of drugs,have attracted the attention of the state and society.Despite the improvement of legal norms,there are still many controversial issues in the field of drug crimes that have not yet subsided and unified.Especially in judicial practice,there are still many disputes about the definition of drug trafficking.There is a disagreement on how to understand the understanding of the term “trafficking”,which leads to the disuse of whether some of the acts can be detected,which in turn affects the application of criminal acts.These theoretical and practical issues make the study of the definition of drug trafficking behavior a subject of both theoretical and practical significance.This article starts with two cases.The defendant in the first case has involved in the purchase of drugs.There is an argument on whether the behavior can be considered as drug trafficking.The two defendants in the second case have done totally different things,but they are all sentenced to the crime of drug trafficking;thus the author leads the topic of this article,how to define the trafficking behavior.After that,the article starts to discuss the meaning of trafficking,mainly from two aspects.One is the literal meaning of the word "trafficking",and the other is the criminal lawmeaning of "trafficking" in drug crimes.From the literal interpretation,we can see that "trafficking" has the meaning of low-buy and high-selling.The behavior pattern of trafficking can refer to both buying and selling,and it is not necessary to have both.At the same time,it does not pay attention to whether the actor actually makes a profit,and the focus is only on behavior.At this point,the author has a basic definition of drug trafficking.In addition to the traditional trafficking behaviors that cover the basic definitions,special types of trafficking also have the necessary and striking value of their identification.Therefore,the author spends a lot of pen and ink on the identification of two special trafficking behaviors in the following sections.First,the act of purchasing drugs for others,and the second is the practice of buying and selling drugs.Through the specific identification mode of judicial practice,we can sort out the boundary elements that can be identified as trafficking behavior,and analyze the feasibility from the perspective of jurisprudence.The author has elaborated on the behavior patterns in different situations,and also summarized and refined the identification requirements and the boundaries.After research,the author basically agrees with the ideas in the current law.Under certain circumstances,the above two special behaviors can be identified as trafficking,which is in line with the requirements of jurisprudence and the understanding of society.In summary,it's believed that the definition of trafficking must focus on the grasp of the basic essence,and the general definition,legal characteristics and other benchmarks can be used to judge whether the general behavior is included in the scope of the trafficking behavior,but also extend to the special behavior.The case-on-demand and strict compliance with the applicable restrictions are spurred by the strict need to crack down on the purpose of undermining the illegality of drug control regulations and the legal principles of not expanding the scope of application of the criminal law.