| 以下仅列出文章摘要、目录等部分内容，如需获取完整论文资料，或原创定制、长期合作，请随时联系。 微信QQ:312050216 |
 |
 |
| 论贩卖毒品罪既未遂判断标准
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。针对于如何区分贩卖毒品罪是否既遂的标准这一问题,一直以来都是我国刑法界一个具有很大争议性的话题。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 problem of drug is threatening human survival and development of diseases.In this drug trafficking as a key link in the drug crime, has become the focus of every country to crack down. How to distinguish whether the crime of drug trafficking is accomplished or not has always been a very controversial topic in the criminal law circle of our country. 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
|
