窝藏毒品罪论要

窝藏毒品罪为毒品犯罪分子隐匿直接罪证,给揭露、查缉毒品犯罪制造障碍。我国刑法理论界与实务部门已对其开展了较为全面、系统的研究。然而,由于刑事立法对窝藏毒品罪的罪状建构相对简略,加之与贩卖毒品罪等常见毒品犯罪相比,窝藏毒品罪发案率低、典型判例少导致研究深度不足,这些都极易引发司法实践中特别是在办理新类型案件时定罪量刑结果的混淆与失衡。

Discussion of the Crime of Harboring Narcotics Drugs

The crime of harboring narcotics drugs hides the direct evidence of a crime for the man who is convicted of smuggling drugs,which makes barrier to uncovering and prohibiting the crime of narcotics drugs.In China,the criminal theoretical and practical departments have carried out the overall and systematic research on it.However,because the criminal structure between the criminal legislation and harboring narcotics drugs is relatively simple,in addition,compared with the crime of trafficking drug and other common drug-related crimes,the crime of harboring narcotics drugs has low incidence and classic cases,so the study is not so deep.The above-mentioned are easy to cause the confusion and unbalance of punishment fits the crime in juridical practice,especially in dealing with new kinds of cases.