Analysis Of Zhou’s Drug Trafficking Case

With the development of economy and society,the types of drug crimes are changing day by day.At the same time,the special nature of drug crimes and the lagging nature of relevant laws lead to problems easily arising in handling such cases.In particular,it is difficult to identify the subjective profit-making purpose in the act of purchasing drugs on behalf of others,and how to convict is a difficult point.In the judicial practice case "Zhou Mou Drug Trafficking Case",there is a big controversy about the initiation of the investigation procedure of illegal evidence exclusion and the characterization of drug purchase on behalf of others,therefore,this case is discussed.The focus of the controversy is as follows: First,whether the illegal evidence exclusion investigation procedure should be initiated in this case.The focus of this case leads to another issue,namely the conditions and criteria for the initiation of the investigation procedure for the exclusion of illegal evidence.The second is how to characterize the defendant Zhou’s purchase of drugs on his behalf.Through analysis,first of all,this case should start the illegal evidence exclusion investigation procedures.On the conditions and standards for the start of the procedure,the law requires the applicant to submit "relevant clues or materials" this condition,should not be identified as the applicant’s burden of proof but a preliminary obligation to prove.After the applicant has fulfilled the preliminary burden of proof,in order to prevent the judge from abusing the freedom of evidence,the illegal evidence exclusion procedure is null and void.The judge in deciding whether to agree to the application for the exclusion of illegal evidence investigation procedure,should establish the standard of "agreement as the principle,refusal as the exception.Secondly,Zhou’s purchase of drugs should be considered as a positive offense of drug trafficking.The reason is that the element of profit-making is not a constituent element of the crime of drug trafficking,and the definition of drug purchase on behalf of the relevant minutes of the meeting is unreasonable.Therefore,in judicial practice,we should not pay too much attention to the purpose of profit-making and the definition of drug purchase on behalf of the minutes of the meeting,which may cause difficulties in convicting such acts,but should start from judging the subjective intent,objective behavior and social harm of the perpetrator,combining the specific elements of the relevant crimes and strictly according to the principle from positive to accomplice.The defendant Zhou subjectively held the intention of trafficking,and knew it was drugs,and objectively implemented the act of transferring drugs and receiving the consideration,regardless of whether the act is profitable or not should be considered as a positive offender of drug trafficking,and be convicted and punished according to law.Through the study and analysis of this case,after summarizing the views of comparative scholars,we put forward our own views and feasible suggestions on the above two aspects of the problem,hoping to have some reference effect on the standardization and accurate characterization of drug purchase cases in judicial practice.