论犯罪既遂的判断标准

On Standard of Accomplishment of Crime

传统的既遂构成要件说在认定犯罪既遂的标准上面临着理论的困境,应为目的说所代替。犯罪目的可分为直接目的和间接目的,直接目的是任何一个直接故意犯罪所必需的,并且只有一个。犯罪直接目的的实现是犯罪既遂与否的判断标准。根据既遂的目的说,我国犯罪既遂类型可分为着手犯、行为犯、危险犯和实害犯。目的犯的既遂标准是目的犯直接目的的实现。

The traditional doctrine of accomplishment of crime is in a mess and should be replaced by the purpose doctrine. Crime purpose may be divided into direct purpose and indirect purpose. Direct purpose consists in any direct intention crime and there is only one. Accomplishment of crime means that direct purpose of crime becomes true. If taking the purpose doctrine, the types of accomplishment of crime concludes leadoff crime, behavior crime, danger crime and damage crime. The standard of accomplishment in purpose crime is the realization of direct purpose of crime, not indirect purpose that has been stipulated in the criminal law.