| The act of purchasing drugs on behalf of others has become a common mode of circulation in drug transactions.In order to regulate the act of purchasing drugs on behalf of others,the Supreme People’s Court has issued three minutes of drug crime conferences,but there are still many disputes about the nature of the act of purchasing drugs on behalf of others in judicial practice.This article discusses how to identify the act of purchasing drugs on behalf of others from the following three parts.The first part clarifies the definition and types of drug purchasing behavior.The act of purchasing drugs on behalf of a purchaser refers to the act of purchasing drugs on behalf of a purchaser who is entrusted to purchase drugs that are only used by the purchaser.This distinguishes the act of purchasing drugs on behalf of a purchaser from the act of brokering drugs and the act of brokering the sale of drugs.According to different classification standards,four categories of drug purchasing behavior are made in order to better understand the nature of drug purchasing behavior,laying a foundation for the later identification of the nature.The second part is the analysis of the problems existing in the identification of the nature of drug purchasing on behalf of others.By reviewing relevant judicial documents,four prominent issues in judicial practice in determining the nature of drug purchasing on behalf of others have been identified.The first is that there is a lack of formal legal basis for determining the act of purchasing drugs on behalf of others,and judicial organs excessively rely on meeting minutes in their decisions;The second is that in the identification of drug purchasing on behalf of others,excessive attention is paid to the purpose and behavior of making profits,and there is a lack of consideration and application of the constitutive elements of crime;The third is the confusion in determining the behavior of purchasing drugs on behalf of others in the crime of transporting drugs and the crime of illegally holding drugs;The fourth is that the standards for identifying joint crimes in the act of purchasing drugs on behalf of others are inconsistent.The third part divides the nature of drug purchasing behavior.The first is the situation that constitutes the crime of drug trafficking,namely,the agent dominated behavior of purchasing drugs,multiple acts of purchasing and sucking drugs on behalf of others,the behavior of intercepting drugs on behalf of others without permission,and the behavior of collecting drugs on behalf of others that exceed the scope of necessary fees.The second is the situation where the act of purchasing drugs on a commission basis constitutes a crime of transporting drugs,that is,the purchaser objectively implements the act of promoting the circulation and transfer of drugs,and subjectively has the intention of causing the circulation and transfer of drugs.The third is the situation where the act of purchasing drugs on a commission basis constitutes the crime of illegal possession of drugs,that is,the act of purchasing drugs for free that are only used for consumption and the amount reaches a large amount,the act of purchasing drugs for others for free several times and the cumulative amount reaches a large amount,the act of purchasing drugs on a commission basis is detected during the process of transporting drugs over a relatively short distance and there is no evidence to prove that the agent has other drug criminal purposes in transporting drugs.The fourth is to demonstrate that the theory of joint crime should be used to analyze the behavior of purchasing drugs on behalf of others,and to summarize the situations in which the purchasing agent,the purchasing agent,and the drug trafficker constitute joint crimes.The fifth is the four situations where the act of purchasing drugs on a commission basis does not constitute a crime,namely,the act of purchasing a small amount of drugs for a specific related person without compensation,the act of purchasing a small amount of drugs on a commission basis dominated by the purchaser,the act of occasionally purchasing a small amount of drugs on a commission basis dominated by the purchaser,and the act of occasionally purchasing drugs on a commission basis with a small amount of purchases. |
