论刑法中的实行行为

On committing action in the criminal law

实行行为是刑法分则规定的各种犯罪的定型性行为类型,它具有定型性、侵害性、有意性、有责性等特征。在规定某一种犯罪的条文中可能包含另一种犯罪的实行行为,区分的关键在于看行为具有哪种犯罪的实行性。同一种实行行为既能包括既遂、未遂、中止等多种构成行为,亦可成为构成行为的一种。

Committing action is a designed action type of various crimes prescribed in the specific provisions of criminal law. It has the features of designation, trespass, intention and responsibility. In a special provision which prescribes a certain crime may include the committing action of another crime. The key to distinguish between them lies in which committing action of a crime it has. The same kind of committing action can not only include various constituting actions such as completed offence, unaccomplished offence and discontinuation of a crime, it can also become a kind of constituting action.