毒品代购行为刑法认定的实践困难与规范完善

毒品犯罪严重危害人民群众的身体健康和正常的社会秩序,毒品贩卖是毒品流转过程中的关键环节,也是我国打击毒品犯罪的重点。然而起到毒品贩卖"桥梁"作用的毒品代购行为在刑事立法上并没有明确规定,司法文件规范上也存在着规范缺失、规范适用混乱等情况。我国应当从区分行为模式、明确主观内容等方面完善有关司法规范,并吸取借鉴域外解决同类毒品犯罪的合理有效的立法规范,尝试加强对毒品需求方的刑法打击,更加有效地从整体上打击毒品犯罪。

Practical Difficulties and Perfection of Specifications in Criminal Identification of Drug Procurement Agent

Drug crime does great harm to people's health and normal social order. Selling drug is the key link in drug circulation, and is the key point of drug crime clamping down. The act of drug procurement agent, as the 'bridge' in drug trafficking, is not stipulated in criminal law. There are also some problems like the lack of norms and improper applications of law in jurisdiction. We should perfect relevant judicial regulations by distinguishing behavior patterns and clarifying subjective content, absorb and draw fruits of foreign legislations which are stipulated to solve the similar drug crimes reasonably and effectively. In addition, we should also attempt to enforce the punishment of drug demanders from the perspective of criminal law in order to fight against drug crimes more reasonably.