Problems And Solutions Of Criminal Law Cognizance Of Purchasing Drugs

With the progress of the Times,drug crimes have become more and more complicated.In particular,the rise of the Daigou industry in recent years has made the Daigou drug more covert.This has brought certain impact to the fight against drug crimes,therefore,how to accurately determine the purchase of drugs on behalf of the subject is worth studying and discussing.However,at present,the act of buying drugs on behalf of others is not stipulated in the criminal code of our country.Although the act is stipulated in the relevant meeting minutes of the Supreme People’s Court,the legal effect of the meeting minutes of the drug conference is controversial.And it involves the purchase of drugs on behalf of the content is less,there are certain limitations.Therefore,it is necessary to study the evaluation of drug purchasing behavior in detail and concretely in order to identify it more accurately,to protect our health and to make society more stable.This paper is divided into three parts to discuss the related issues of drug purchasing behavior.The first part is the definition of drug purchasing behavior.First of all,we should make clear the meaning of the drug on behalf of the purchase,and introduce the similarities and differences of the drug buying and selling behavior to analyze and further understand its meaning Finally,the types of drug purchasing behavior were analyzed.The second part first elaborates the current provisions of the relevant judicial documents in our country,and then analyzes the acts of purchasing drugs on behalf of the crime of drug trafficking,the crime of illegal possession of drugs and the crime of transporting drugs,and makes clear its cognizance under the general circumstances.The author holds that the crime of profiteering is the essential element of the crime of drug trafficking,the meaning of "possession" in the crime of illegal possession of drugs,and the crime of transportation of drugs should be distinguished from the crime of illegal possession of drugs.The third part of the purchase of drugs on behalf of the "dry smoking" behavior,the purchase of drugs on behalf of the number of issues identified.The author thinks that because the behavior of "freeloading" belongs to the scope of making profits,we should punish the behavior of "freeloading" by the crime of selling drugs.After a detailed analysis of the drug purchasing behavior,although it is possible to evaluate the drug purchasing behavior more accurately,there may still be some deficiencies in some aspects of the identification.Therefore,the author believes that,it can be improved by issuing relevant judicial interpretation and issuing typical guidance cases.The relevant meeting minutes play a certain role in regulating and guiding drug purchasing activities,but they do not belong to judicial interpretation.If the relevant meeting minutes are allowed to identify drug purchasing activities on behalf of others,they will not only violate the principle of legality in criminal law,and undermined our justice system.At the same time,publishing typical cases can improve the efficiency of judicial decisions and maximize the realization of fairness and justice.