With the impact of the global drug situation, the application of drug smuggling crime has shown an obvious expansion trend both in legislation and judicial practice, Although the Kunming Conference Minutes corrected the issue of confusion of drug and medicine in drug smuggling crime, it did not rectify the mechanistic standard that cross-border equals constituting drug smuggling crime, which reflected in the fact that some courts have identified some preparation behaviors of drug abuse, derivative behaviors of drug abuse, and medicine crimes as the drug smuggling crime, causing many problems such as analogical interpretation, and objective incrimination. The reason is not only the ignorance of the change of global drug situation under the severe drug crime criminal policy, for example, the objective fact that the domestic and foreign markets are gradually merging, the reality that the difference between drug sources is weakening, and the gap of awareness about drugs is deepening, but also because the confusion of the connotation of "smuggling" in different contexts, that is, the confusion of the concept of "smuggling" in the context of administrative law, smuggling crime and drug crime. It also includes the realistic dilemma that it is difficult to identify the purpose of smuggling. In fact, the purpose of criminal law to crack down on drugs is not to eliminate them, but to guard against the possible harm of drugs flowing into society. So returning to the context of criminal law and drug crime, it is not difficult to find that smuggling drugs is a circulation link from the production (supply) to the consumption (use)in the drug trading chain, which substantive role is to eliminate the regional gap, expand or manufacture the drug trading market, and improve the efficiency of drug trading, when starting from the requirements of the unity of the three characteristic of crime concept, the consistency of the drug crime, and the homogeneity of selective charge. So the application of the drug smuggling crime shall not be simply based on the standard of "cross-border", but on the basis of whether there is a "drug circulation risk". Therefore, in judicial practice, the "drug circulation risk" should be regarded as the basis to rationally limit the punishment scope of drug smuggling crime in legislation or judicature. The behavior that does not have the subjective purpose of intention or recklessness of drug circulation, and does not have the objective risk of drug circulation, should not be recognized as the drug smuggling crime.