On The Judicial Determination Of The Crime Of Drug Trafficking ——Taking Zhong X And Wang X’s Crime Of Drug Trafficking As An Example

Repeated drug crime cases have been plaguing countries all over the world.Today,in the face of complex drug crimes,the determination of drug purchasing and drug trafficking in judicial practice has not yet been unified,and there are disputes between guilt and non-crime,this crime and that crime.Based on this,this article takes the drug trafficking cases of Zhong and Wang as examples,and discusses the behaviors involving illegal drug possession,intermediary reselling of drugs,intermediary introduction and sale of drugs,and drug purchases.This article is divided into three parts:The first part is the brief introduction of the case and the focus of the dispute.By introducing the basic facts of the case,the reasons for the court’s judgment,and the reasons for the procuratorate’s protest,this article summarizes the focus of the case: first,whether Zhong and Wang constitute the crime of illegal drug possession;second,whether Zhong and Wang constitute the crime of drug trafficking common crime.The second part is the case analysis.The author analyzes the above two controversies.Regarding the first issue of controversy,although Zhong’s behavior is indistinguishable from that of drug purchasing,he has no intention to help Liu purchase drugs on his behalf,so it should not be regarded as the crime of illegal drug possession.Wang objectively implemented the act of intermediary introduction,but subjectively did not intend to help Zhong to buy drugs,so it should not be regarded as the crime of illegal possession of drugs.Regarding the second point of contention,Zhong Mou objectively committed drug trafficking.Although he knew that Liu was selling drugs,his behavior of buying drugs from his previous home and selling them to Liu was just a simple act of buying and selling drugs,and he did not have the intention to help Liu sell or transport drugs.Therefore,Zhong did not have any relationship with Liu.The establishment of an accomplice in the crime of drug trafficking and transporting constitutes the crime of drug trafficking alone.Wang objectively implemented the intermediary introduction and actively helped Xie to complete the drug transaction.Subjectively,he knew that Xie had the intention to sell drugs,so Wang constituted the crime of drug trafficking.At the same time,the intermediary introducer can only establish a joint crime with one of the two parties in the transaction.Therefore,Wang and the drug dealer Xie established a drug trafficking accomplice.The third part is thinking and suggestions.On the basis of the case analysis,the author puts forward his own opinions on the determination of drug purchasing,intermediary introduction and sale of drugs,and intermediary reselling of drugs,and thinks about the improvement of drug crimes,and proposes to clarify that drug trafficking is not for profit or compensation.Two suggestions for establishing the requirements and incorporating drug abuse into criminal law regulations,in order to better and more accurately combat drug crimes.