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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。
The crime of harboring drugs is a direct crime permit hidden by drug criminals, creating a barrier to exposing and detecting drug crimes. China’s criminal law theory and practice departments have carried out a more comprehensive and systematic study of them. However, since the criminal legislation is relatively simple to construct the crime of possession of drugs and the crime of harboring drugs is less than the common narcotic drugs such as narcotics trafficking, and the typical cases lead to the lack of research, it is very easy to cause judicial practice Especially in the handling of new types of cases convicted of the sentencing results of confusion and imbalance.