Research On Criminal Law Determination Of Drug Purchase On Behaviour

With the changing forms of drug trafficking,the behavior of purchasing drugs through intermediaries has emerged.In response to the need to classify this behavior,China has issued conference summaries.However,there has always been controversy in the academic and practical communities regarding the constitutive elements of the crime stipulated in the conference summaries.The two main issues in judicial determination are whether the purchase of drugs should be classified as drug trafficking and whether the dynamic possession of drugs should be classified as drug transportation or illegal possession of drugs.Clarifying the behavioral characteristics and nature of purchasing drugs is the foundation for solving these problems.By integrating and sorting out relevant cases and analyzing the unreasonable parts stipulated in the conference summaries,the constitutive elements of criminal offenses in the criminal law are considered.To resolve the dispute over behavior classification,the types of drug purchasing behavior must be redefined strictly,limiting the behavior to be led by the purchaser,and then strictly adhering to the principle of legality of crimes,eliminating the profit-making purpose in determining drug trafficking.The quantity of drugs should not be considered,and transportation of drugs should be established regardless of the amount of drugs.The dynamic possession of drugs by buyers should not be considered,and only illegal possession of drugs should be recognized.Finally,the accurate punishment of drug purchasing behavior should be determined to severely crack down on drug crimes.