结果加重犯的构成结构新析

New Analysis on Structure of Constitution of Offence Aggravated Consequence

流行的以混合罪过为显著特征的结果加重犯的概念,以及现在的一些立法规定情况,并未真正辨明结果加重犯的构成特征,由此导致疑惑丛生,甚至产生了废止之论。但对结果加重犯构成结构的新析和实务考察表明,结果加重犯是反映客观存在、满足实践需要的一种适当的立法创制。因而问题的关键是要正确把握结果加重犯的结构。

The concept of offence aggravated consequence is popular with the academic domain, which takes the mixed fault as its prominent characteristics. This concept and the ruling rules by legislation do not truly distinguish the constitution characteristics of offence aggravated consequence, which will cause confusion and even lead to opinions of abolishment of offence aggravated consequence. However, the newly analysis of the constitution structure of offence aggravated consequence and legal practice make us draw a conclusion that offence aggravated consequence is a appropriate and creative legislation activity which reflects the objective reality and responds to the need of legal practice. Therefore, the key point of the matter is to correctly master the structure of offence aggravated consequence.