A Study On The Knotty Problems Of Judicial Determination Of Drug Purchasing As An Agency

For a long time,China has cracked down heavily on drug-related crimes in judicial practice.As a common form of transaction in drug-related crimes,"purchasing drugs" plays an extremely important role in drug-related crimes.At the same time,in judicial practice,the crime of purchasing drugs is also a common type of judicial organs dealing with drug-related crimes.However,there is no clear stipulation in China's laws on how to carry out judicial determination on the act of purchasing drugs.In order to effectively combat the crime of purchasing drugs,the Supreme People's Court has provided regulations on drug purchasing in the form of minutes of meetings.The minutes have filled the gaps in the relevant regulations on drug purchasing in judicial practice.There are many controversies in the determination of drug purchase in judicial practice.The relevant minutes of the relevant meetings did not separately set a charge for drug purchase,but were related to other crimes.In different circumstances,it may constitute a drug trafficking crime and illegal possession.Drug crime,drug transportation crime.Regarding the many problems in the judicial practice of purchasing drugs,it has brought various problems of conviction and sentencing in this field for judicial workers.Under different circumstances,the conviction for the act of purchasing drugs does not fully comply with the various criminal forms of the act in practice.Therefore,how to correctly determine the behavior of purchasing drugs and regulate the correct applicable laws is an important legal issue that affects whether the perpetrator constitutes a crime,what kind of crime it constitutes,the severity of the crime and the uniform judicial scale.The author combines the handling of drug purchase cases and the analysis of specific cases in judicial practice.Based on the literature review,the main body of this article is divided into four parts: the first part is to introduce the different classifications of drug purchase behaviors in different situations;second The part is how to determine the behavior of purchasing drugs in judicial practice.According to different situations inpractice,the purchase of drugs will constitute the crime of drug trafficking,illegal possession of drugs,and the crime of transporting drugs;the third part mainly uses the method of case analysis,by selecting The relevant cases on the Chinese Judgment Documents on the Internet summarize the judicial difficulties in purchasing drugs in judicial practice.The main problems are that the behavior of "purchasing and absorbing drugs" is different in judicial practice.Does the crime of purchasing drugs need to be made for profit? The relevant costs in the purchasing process are difficult to define;based on the above issues,the author of the fourth part has put forward targeted suggestions for the judicial determination of drug purchasing behavior.First,relevant judicial interpretations and typical precedents should be issued to improve the basis for determining drug purchasing behaviors;Secondly,profit-making should not be used as a necessary condition for purchasing drugs;finally,we must clarify the criteria for determining the "essential expenses" in purchasing drugs,so as to reduce the difficulty of judicial judgment in such cases.