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如何界定贩卖毒品的既遂与未遂标准,是我国司法实务中长期以来面临的一大问题。在“重刑”、“严打”的毒品犯罪刑事政策的影响下,贩卖毒品既遂与未遂的界限在实践中逐渐模糊。理论界对于贩卖毒品既遂标准主要有契约说、毒品交易说、买入卖出择一说、毒品交付说几种观点,但对于司法实践都有所不足。本文认为探寻理论根据,确定贩卖毒品罪在实践中的既遂与未遂判断标准具有重要意义。
How to define the standards of successful and attempted drug trafficking is a major issue that has long been confronted with in our judicial practice. Under the influence of the “criminal punishment” and “crackdown” criminal policy on drug-related crimes, the line between the attempted and attempted drug trafficking gradually becomes blurred in practice. The theoretical circles mainly agree on the standards for the accomplishment of trafficking in narcotics: the narcotics trading, the buying and selling, the several opinions on drug delivery, but the deficiencies in judicial practice. This paper holds that it is of great significance to explore the theoretical basis and determine the standard of successful and unsuccessful judgment in the crime of drug trafficking.