Research On The Judicial Recognition Of Overseas Purchasing Of Drugs With Dual Properties Of Drugs And Toxicit

The number of judicial identification cases concerning overseas purchasing of drugs with dual properties of drugs and drugs has been on the rise in recent years.In the judicial identification of many cases,however,there are disputes over the identification of individual cases.The reason is that the drugs with dual properties of drugs and drugs purchased by the actor in these cases are used to help patients,but some judicial authorities directly characterized them as drug crimes,ignoring the use of the actor to cure diseases and save people.It is this kind of controversial punishment that causes the ordinary people to question the legal recognition.Therefore,under the current legal system,how to solve the problems caused by the cases will be the focus of this paper.This paper analyzes the identification of the behavior of overseas purchasing of drugs with both drug and toxin attributes mainly from the following aspects.First,it summarizes the focus issues of the typical cases of overseas purchasing of drugs with both drug and toxin attributes,which mainly includes four points:First,the legal qualitative differences of the behavior of overseas purchasing of drugs with both drug and toxin attributes;Second,the difference between crime and non-crime;Third,qualitative differences of drugs with dual properties of drug and toxin;Fourth,the qualitative difference of profit.In this paper,the author analyzes and evaluates the qualitative differences caused by overseas purchasing of drugs with both toxic and medicinal properties.Finally,in view of the focus of the dispute,combined with the views of relevant judicial practitioners and scholars,suggestions on the judicial identification of overseas purchasing of drugs with dual properties of drugs and drugs are given,including the following points:first,the qualitative nature of drugs with dual properties of drugs and drugs;Second:adhere to the objective priority case handling method;Third,the path of individual cases under the current system includes the wrong judgment of illegality,the regulation of abstract dangerous crime and the insistence on the substantive interpretation of criminal law.