贩卖毒品罪既遂标准探析

Analysis on the Standard of Drug Offences Accomplished

我国司法实务界和理论界在对贩卖毒品罪中"贩卖"的理解、贩卖毒品罪的类型以及贩卖毒品罪既遂标准等方面都存在巨大的分歧。以人民法院为代表的审判实务界认为贩卖毒品属于行为犯,从严厉打击毒品犯罪的角度出发,将"以贩卖为目的购买毒品"认定为贩卖毒品罪既遂,这一做法遭到理论界的强烈反对。鉴于毒品犯罪严重的社会危害性,贩卖毒品罪既遂标准的认定,为实践中从重审理毒品案件的做法找到理论上的依据,对实现司法实践和刑法理论的统一具有重要意义。

There are huge differences in the understanding of'trafficking'in drug offences,the type of drug offences and the standard of drug offences accomplished.The judicial practice circle,which is represented by the people's court,think that drug trafficking is committed acts,starting from cracking down on drug-related crimes,starting from cracking down on drug-related crimes,'by selling to buy drugs'identified as the drug offences accomplished,this approach was strongly opposed to the theory.In view of the serious social harmfulness of drug crime,the identification of the standard of drug offences accomplished,for the practice in severely trial drug cases find the theoretical basis,and to realize the unification of judicial practice and theory of criminal law is of great significance.