未遂犯的处罚根据探究

On the Basis of the Punishment for Unaccomplished Offenses

关于未遂犯的处罚根据,大陆法系各国提出了各种学说,在我国也是各种学说林立。大陆法系出现了主观的未遂论、客观的未遂论和折中的未遂论的理论对立。客观的未遂论是我国刑法中未遂犯的处罚根据,我国刑法事实上是倾向于客观说的。客观主义未遂论有利于确立保障人权、公民本位和个人自由思想,它反映了现代社会发展、公民自由权利意识日益增长的现实,体现了时代的精神。

There are a variety of theories on the basis of penalties for unaccomplished offenses in the civil law countries,and in china there are also many theories.About the unaccomplished offenses,there are subjective,objective and compromise theory to explain its basis of penalties.The basis of punishment for unaccomplished offenses in china is objective theory;in fact our criminal law is inclined to the objective theory.Objectivism is in favor of the establishment of the protection of human rights,civic-based and...