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| 论贩卖毒品罪既未遂标准判定
摘要
长期以来,毒品问题都是威胁人类生存和发展的顽疾。而在这之中贩卖毒品作为毒品犯罪中的关键一环，成为了各国打击的重点。关于贩卖毒品罪的既遂和未遂的区分标准问题,我国刑法理论界存在有各种不同的学说。本文在现有的理论学说基础上，对贩卖毒品罪的既未遂标准判定进行了进一步的学理解释。首先本文以“贩卖”一词作为出发点，针对于“买”，“卖”，“牟利”这三个Abstract
For a long time, the drug problem has been a persistent disease threatening the survival and development of mankind. In this drug trafficking as a key link in the drug crime, has become the focus of every country to crack down. There are various theories in the theoretical circle of criminal law in our country about thestandard of distinguishing between accomplished crime and attempted crime of drug trafficking. In this paper, on the basis of existing theory,attempted to drug trafficking sin both standard to judge the further theoretical explanation. First of all, this paper takes the word "selling" as the starting point,aiming at the three key words of "buying", "selling" and "profiting", and makes comments and analyses on relevant theories. Secondly, the article will take the constitutive elements of the crime as a starting point from different angles to explain the causes,advantages and disadvantages of several successful judgment theories, and finally give the author's views. Thirdly, due to the increasingly complex situation of current cases,the public security organs will often take the way of delivery undercontrol or temptation investigation to crack down on drug crimes. Therefore, the article also evaluates and analyzes the standards of drug crime identification under these two means of investigation through specific cases.
Keyword: drug Trafficking offences; Crime accomplishment; Attempted crime;
Controlled delivery; Temptation investigation
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