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Profit-making Purpose of Drug Trafficking

Author: LuJiaJia
Tutor: LiXiang
School: East China University of Political Science
Course: Criminal Law
Keywords: Profit-making purposes Drug purchasing behavior Arts and interpretation System explained Expansion explained Analogical interpretation
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 53
Quote: 0
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Abstract


With the people's living standard continues to improve the economy, China's drug-related crimes in recent years show rising trend, especially as a source of drug supply predicate offenses - the number of criminal cases involving drug trafficking is increasing. Given such a grim situation, drug trafficking, and how severely, accurate and effective actions to combat drug trafficking has become China's judicial practice sector one of the important topics. However, in practical operation among specific, but there are many on the crime of drug trafficking in the understanding and application of the difficult problems. One big focus of controversy is about the crime of drug trafficking in the drug trafficking whether the conduct should have a profit-making purposes. In this article, I will follow the questions - analysis of the problem - a logical order to solve the problem, with four chapters devoted to the thesis that the behavior of drug trafficking for profit purposes detailed analysis and discussion in order to study the theory of the crime and judicial practice benefit. Apart from the introductory portion of this article can be divided into four chapters. The first chapter, purchasing behavior through qualitative analysis questions. The second chapter, a theoretical analysis of the problem and to reveal the substance of dispute. Chapter III, the specific analysis and argumentation substance of the dispute, and ultimately arrive at a correct interpretation methods and procedures. Chapter IV, in the third chapter, based on the correct interpretation of the problem science demonstration. The first chapter, raises the question - Qualitative analysis of the behavior of purchasing drugs. This chapter is divided into two parts, the first part is a basic overview of purchasing drugs act; second part is the qualitative analysis of the behavior of purchasing drugs, and thus leads to trafficking, whether profit-making purposes should have demonstrated proposition. In the first part of this chapter, the author not only explains the meaning of the behavior of purchasing drugs, dealing with the middleman distinction between drugs, but also on the purchasing behavior of the type of drug analysis and chart the way through to be expressed. In the second part, the author first drug purchasing behavior on a qualitative overview of criminal legislation paving the way for a simple to prepare for later use. Secondly, the type of drug purchasing behavior of specific qualitative analysis were conducted and concluded - Qualitative controversial practice really exist, and no explicit legal purchasing behavior can follow only one, and the qualitative essence lies trafficking whether it should have a profit-making purposes, which is the thesis proposition. Chapter II, drug trafficking behavior whether profit-making purposes the theoretical debate. In this chapter, the author first profit-making purpose of the \Secondly, the specific purpose of argument expounded profit affirmation that said negative to say and eclectic view. Finally, say for sure that negative to say and says compromise Comparison and analysis of ground, revealing the substance of the dispute - \interpretation method. Chapter III, the use of criminal law interpretation Comment. In this chapter, the author of Arts and interpretation, systematic interpretation and expansion of each of the explanations for the interpretation of the concept and function, and have come to the concrete application of appropriate procedures and methods. Arts and interpretation is a priority for the position in the concrete application of the classification process to be followed when the principle of different words for different interpretations. The author figure shows different words should apply specific criteria. System of interpretation is complementary methods of interpretation, explaining not only the scientific use of system should meet certain conditions, you should also follow the same uniformity and exclusivity rule, similar legal and contain only the first after nearly far, the first part and then the whole first and then the opposite principle similar and methods. Expansion explain the proper use of the statute to avoid lag, but it should be a good grasp of the boundaries between interpretation and expansion criteria. Chapter IV, profit-making purposes hermeneutic argument. In this chapter, the author first words according to the third chapter of the applicable standards for profit-making purposes conducted two liberal arts interpretation trafficking should have come to the conclusion of profit-making purposes. Secondly, according to the system explains the steps for the crime of drug trafficking in the context of the relationship context, and the context where the relationship between chapters and similar charges similar relationship between the context of specific system explained argument, concluding with the interpretation of the Arts Conclusion confirm each other. Finally, the profit for the purpose of explaining the reasoning of the expansion, including expansion of the two-part explain the necessity and correctness of the content of Analysis.

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