论贩卖毒品犯罪的既遂与未遂

On Accomplished Offense and Attempted Offense of Crime of Drug Trafficking

贩卖毒品罪应当以行为人将毒品交付给购毒者作为既遂标准。以贩卖为目的购买毒品的,由于未进入贩卖毒品犯罪的着手实行阶段,仅构成贩卖毒品罪的预备或者非法持有毒品罪。在没有将毒品交付给对方的场合,即便贩毒者与购毒者之间已经达成了买卖协议,也不构成犯罪既遂。贩卖假毒品的,如果所贩卖的假毒品不含有任何毒品成分,或者只含有极低的毒品成分,未达到致使公众身体健康危险的程度,就不构成贩卖毒品罪。在"诱惑侦查"和"控制下交付"等场合,由于警方对毒品交易全程进行严密控制,即便贩毒者向购毒者交付了毒品,通常也不会对公众的身体健康产生实际侵害,因此原则上不能以贩卖毒品罪的既遂犯论处。

Drug delivery by actors to drug purchasers should be regarded as the criteria of accomplished offense in terms of crime of drug trafficking. Those who buy drugs for the purpose of selling them only constitute preparation for crime of drug trafficking and crime of illegally possessing drugs, because it has not entered the stage of initiation of drug trafficking. Where drugs are not delivered to the other party, even if a deal has been reached between drug dealers and buyers, it does not constitute crime of accomplished offense. Those who sell fake drugs, if it does not contain any drug ingredients or only contains very low drug ents without reaching the point of endangering public health, do not constitute a crime of drug trafficking. On the occasion of ＂Inductive Investigation＂ and ＂Delivery under Control＂, because police have tight control over the entire process of drug trade, even if drug dealers have delivered drugs to drug buyers, there is usually no real harm to public health, accomplished offense of crime of drug trafficking shall not be identified.