Qualitative Case Study On Drug Purchasing Behavior Such As Wen Hui

There has been controversy on the quality of drug purchasing behavior,which has not been calmed down by the release of relevant drug meeting minutes.Wen Hui’s drug purchasing case,Peng Bo’s drug purchasing case,and Wang Zhongming’s drug purchasing case condensed two major controversial issues related to the qualitative nature of drug purchasing behavior.First,whether the drug purchasing behavior constitutes a crime.Second,what kind of crime is established by the drug purchasing behavior.First of all,the drug purchasing behavior is necessary to be convicted.Drug purchasing behavior,like other drug crimes,violates the legal interest of the state’s drug management order.The state always adheres to the stance of cracking down on drug crimes,so,excepting for drug using,all drug-related behaviors which may infringe the legal interests protected by criminal law shall be subject to criminal regulations.Secondly,the purchasing behavior of illegal drug possession as stipulated in the minutes of the meeting,the identification in practice should be strictly restricted,and it should not be excessive to expand the application of the illegal drug possession crime in the characterization of drug purchasing behavior.In the case where the buyer has paid the drug purchasing money to the purchaser in advance,the purchaser is only equivalent to the extension of the arm of the buyer,and in this case,the drug transaction between the buyer and the purchaser is not in line with the "paid" characteristic of drug trafficking crime,which can be considered convicted and punished for illegal possession of drugs.Thirdly,the purpose of profit is criminal motive,not a constituent element of the crime of drug trafficking,it should not be used as a criterion to distinguish the crime of drug trafficking from the crime of illegal drug possession,which can be considered as a sentencing circumstance,but not affects the characterization of drug purchasing behavior.If there are evidences to prove that the perpetrator did not profit from the drug purchasing process,the perpetrator may be given a lenient punishment while convicting the drug trafficking crime,which not only adheres to the legal principle of criminal punishment,but also reflects the spirit of leniency and strictness.Finally,the vast majority of drug purchasing behaviors are manifested in that the buyer pays the drug purchasing money to the purchaser,and the purchaser obtains the drug from a third party and then delivers the drug to the buyer,at this time,the trade between the buyer and thepurchaser complies with the constituent elements of the drug trafficking crime and the paid characteristics of drug trafficking,so it should be considered as a drug trafficking crime,regardless of the use of the drug by the buyer and the source of the drug delivered by the purchaser.The quality of drug purchasing behavior cannot be affected by the extra purchasing plots.Therefore,the drug purchasing behaviors of the defendants Wen Hui,Peng Bo,and Wang Zhongming should be characterized as drug trafficking crimes.It is necessary to re-examine the relevant provisions of the drug conference minutes that about the qualitative analysis of drug purchasing.It is not appropriate to add related crimes to the regulation of drug purchasing behavior,a better approach is to introduce a corresponding judicial interpretation,so that the characterization of drug purchasing behavior can be based on law.