浅析非法持有毒品罪

关于什么是非法持有毒品罪 ,在刑法理论界颇有争议。笔者比较赞成李文全先生的观点 :非法持有毒品罪 ,是指违反国家毒品管理法律、法规 ,未经主管部门批准或许可 ,私藏或保存数量较大的毒品 ,经查证尚不能认定为其他犯罪的行为。对于吸食、注射毒品者非法持有毒品该如何确定其性质 ,刑法理论界存在几种看法。最根本的还是要解决吸毒罪与非罪问题 ,如果设立了吸毒罪 ,也就不存在这个争论了

An Analysis on the Illegally Possessing Drugs Crime

There are some considerable controversies in the theoretical community of criminal law about what the illegally possessing drugs crime is. I prefer Li Wenqian's opinion;Illegally possessing drugs crime is the behaviour which runs counter to nation's laws and regulations of drug's management. It means, without the competent departments' approval or permission,someone hides or keeps a larger quantity of drugs privately and according to some investigations,it cannot be considered as other criminal offenees.For those who take and inject drugs,there are several opinions in the theoretical community of criminal law about how to define the character of their possession of drugs illegally.The most fundamental thing is to solve the problem of drug taking crime and noncrime.If drug taking crime set up,this controversy would not be existed.