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对于吸毒者运输毒品行为的认定,司法实践中一直存有争议,最高人民法院也多次就此问题做出规定。2008年和2015年,最高人民法院在《全国部分法院审理毒品犯罪案件工作座谈会纪要》(简称《大连会议纪要》)和《全国法院毒品犯罪审判工作座谈会纪要》(简称《武汉会议纪要》)中,针对吸毒者运输毒品行为认定问题作出了相关规定。在之前的研究基础上,本文主要分四部分对此问题进行研讨:首先,结合刑法理论明确“吸毒者运输毒品行为”这一概念;其次,将两个《会议纪要》对此问题做出的规定相比较;再次,探讨了我国学者对吸毒者运输毒品行为定性的争论;最后,结合理论和实践,提出自己对《武汉会议纪要》的理解和思考。
For the drug addicts to transport drugs identified in judicial practice has been controversial, the Supreme People’s Court has also made provisions on this issue on many occasions. In 2008 and 2015, the Supreme People’s Court said in the “Summary of the Symposium on Handling Work on Drug-related Crimes in Some of the Nationalities Courts” (the “Minutes of Dalian Meeting”) and “Minutes of the Symposium on the Trial of Drug Crimes by the Chinese Courts” (the “Summary of Wuhan Meeting” ), The relevant provisions on the identification of drug addicts transporting drugs were made. Based on the previous research, the dissertation mainly discusses the issue in four parts: firstly, the concept of drug trafficking by drug addicts is clearly defined in combination with the criminal law theory; secondly, two minutes of the meeting are used to deal with this issue Thirdly, the dissertation discusses the controversy of our scholars about the qualitative behavior of drug addicts transporting drugs. Finally, I put forward my own understanding and thinking of the “Minutes of Wuhan Meeting” based on the theory and practice.