对犯罪“应受刑罚惩罚性”的理论再思考

Reconsideration of Criminal Theory of ? Being Punished By Criminal Penalty?

“应受刑罚惩罚性”是学界普遍认可的犯罪的基本特征之一,但对该特征的理论精髓却缺乏深入的剖析和阐释。笔者从确认其刑法地位入手,分析了该特征的深刻意义,并进一步提出了认定是否应受刑罚惩罚的具体标准。

? Being punished by criminal penalty? is one of the basic characteristics of crime confirmed generally by the law circle, but the further analysis and explanation are not made to the theory. Based on its status in criminal law, the author analyzes the significance of the characteristic and puts forward detailed standards to decide whether somebody should be punished by criminal penalty.