关键词: 毒品犯罪, 以贩养吸, 法益保护前置化, 抽象危险犯, 目的犯

Abstract: In the current risk society, prepositive legal interest protection and implementation of preparatory behavior have become the subjects of criminal law research. According to the principle of criminal law in risk society," drug trafficking" should cover" buying for selling" and" selling". In the calculation of drug trafficking, according to Wuhan Meeting Minutes, the amount of the drug purchased by the drug addict should be taken as the drug trafficked,and the defendants should be allowed to defend with evidence. When defining the crime of drug trafficking, we should advocate the concept of" actual control by purpose"in distinguishing the offender of abstract danger or offender with intent. In the identification of commissioned purchase and middleman transaction, it is necessary to determine whether there is profit-making purpose and whether the defendant obtains any material or nonmaterial profit.

Key words: drug crime, vendor for taking, prepositive legal interest protection, offender of abstract danger, intent crime