Evaluation Of Drug Purchasing Behavior

With the close connection of the international community,the drug trade is becoming more and more hidden and new trading methods are emerging,increasing the difficulty of the task of combating drug crimes.In recent years,the phenomenon of different sentences in the same case is common in drug surrogacy cases,which has caused a hot discussion in the academic circles.There is no clear regulation on the characterization of drug purchase agency in China,and courts at all levels have tried such cases by referring to the relevant legal documents with insufficient justification.Due to the lack of unified and legally valid documents,there are opposing views on the trial guidance of drug purchase cases at the provincial level,leading to different judgments in different courts in different regions,which has a negative impact on the credibility of the courts.Judicial staff and scholars are sharply divided over what crimes should be characterized as drug surrogacy in particular cases.The case of Liu’s drug trafficking is a typical case of drug proxy purchase,and the differences in the characterization of this behavior are reflected in this case.Taking this case as an entry point,we analyze the focus of the controversy and evaluate the criminal law of drug surrogacy by constructing a reasonable analytical model.At the same time,we provide appropriate suggestions to deal with the problems reflected in this case in order to reduce the controversy and improve the credibility of the court.In this article,we have sorted out the controversial points that are commonly found in drug purchase cases through the drug trafficking case of Liu.In the drug trafficking case of Liu,there are two main points of contention: first,how to identify the act of drug purchase on behalf of others;second,what is the crime of drug purchase on behalf of others.We analyzed the concept,characteristics,and differences from similar acts in order to make the determination of the drug purchase act conform to the spirit of the drug crime legislation and make up for the defects of the relevant legal documents as much as possible.With regard to the legal application of drug purchase agency,the drug purchase agency is divided into profit-making and non-profit-making drug purchase agency based on the criteria of whether the perpetrator has made profit or not.In the process of analyzing the profit-oriented drug purchase agency behavior,we consider the generally controversial issue of the constitutive elements of drug trafficking crime,and believe that the purpose of profit is a necessary element to constitute the positive crime of drug trafficking.At the same time,the question of whether the acts of dabbling,intercepting drugs and receiving payment,which frequently appear in drug purchase cases,are considered profitmaking is judged according to different circumstances.In the case of for-profit drug procurement,the perpetrator has a profit-making purpose subjectively and carries out the act of trafficking objectively,and is qualified as a positive offender of drug trafficking.In the case of non-profit drug purchase,the role of the drug purchaser in the drug transaction is used as a criterion to divide the situation into one dominated by the purchaser and one dominated by the consignor.In the case of a purchaser-led act,the purchaser’s role is similar to that of an intermediary introducer,and the purchaser is considered to have helped the seller to sell drugs,thus establishing an accomplice to the drug trafficking crime.When the procurer dominates,the role of the procurer in the drug transaction is minimal,and the procurer is characterized as guilty of transporting drugs,illegal possession of drugs,or not guilty depending on factors such as the state of the procurer at the time of seizure and the quantity of drugs.This thesis takes Liu’s drug trafficking case as an entry point to dissect the act of drug surrogacy,but the current legislative and judicial dilemmas in China create obstacles to the characterization of such cases.In terms of the lack of legislation,the proposal of adding a new crime is proposed.As for the inconsistent standards of judicial adjudication,the proposal of issuing judicial interpretations to guide the court trials is proposed.In addition,since profitability is a key factor affecting the conviction of drug buyers,the content of profitability still needs to be further clarified.