Study Of The Controversy Of Drug

The situation of drug crime is becoming more and more serious,the criminals are becoming more and more cunning,and the ways of dealing drugs are more novel and diverse,which has exceeded the subjective understanding of "trafficking" by ordinary people.Special types of drug trafficking,such as drug buying and brokering,are increasing.But the criminal law to the new type drugs transaction behavior stipulation is lack,the Supreme People’s Court has issued a series of "the meeting summary" successively to the new type criminal behavior to stipulate,some acts as the drug trafficking behavior,but in the practice to these acts as the drug trafficking crime process,has appeared many disputes.This paper is divided into four parts to discuss the related problems of drug trafficking crime.The first part is an overview of the types of conduct for drug trafficking offences.First of all,it summarizes the behavior types identified as drug trafficking in existing legal norms and summarizes the behavior types that are controversial in practice;then it determines the basic attributes of drug trafficking crime,including three factors: legal interest,purpose element and behavior attribute;finally,referring to the above three factors,it makes a preliminary judgment on whether the behavior types in dispute can be included in this crime.The second part is the criterion for the determination of the crime of drug trafficking.This paper analyzes the judicial status of the crime of drug trafficking,analyzes the cause of the dispute,and constructs the standard of crime completion from the essence of drug trafficking crime.The third part is the research on the dispute about the behavior of "peddling drugs for sucking ".Through the analysis of the judicial status of the act of " peddling drugs for sucking ",the dispute points are refined and the causes are explained.Then combined with the relevant legal documents to analyze the legal significance of "peddler feeding ",combined with legal principles and legal principles to determine the scope of application of " peddling drugs for sucking ",to solve the problem of determining the number of crimes.The fourth part is the research on the controversy in the conviction of "drug purchase".This paper summarizes the forms of purchasing behavior which constitute the crime of drug trafficking as stipulated in the "the meeting summary",and summarizes the disputes in the process of conviction in practice.Then the criminal law nature of this kind of drug purchase behavior is analyzed,the dispute is resolved in the process of analysis,the essence of drug purchase behavior is clarified,and finally the rational classification and qualitative analysis of drug purchase behavior are carried out.