试论我国刑法中危险犯既遂形态的判断标准

The Judgment Standard of the Appearances of Accomplishement of Dangerous Crime in Chinese Criminal Code

"危险犯属于‘犯罪既遂形态’"的命题并不科学,危险犯有既遂形态,也有未遂等未完成形态。通过对我国刑法学界提出的关于犯罪既遂的标准诸多观点进行梳理并加以充分论证分析,从而选择和确立符合我国刑法理论内核及立法取向的危险犯既遂形态判断标准,是完善该理论的必经途径。

The proposition "dangerous crime belong to the accomplishement of a crime is not scientific,because dangerous crime have the appearances not only the accomplishement but also the the not accomplished ,etc.Through carding and analyzing many standpoints concerning the judgment standard of the accomplishement of a crime which were put forward by the theoreticle circles of penal code in our country,to choose and establish the judgment standard of the appearances of accomplishement of dangerous crime...