论自动解除危险状态行为

On the Behavior of Automatically Relieving the Dangerous State

刑法理论的通说认为自动解除危险状态行为成立犯罪既遂,然而近年来一些学者撰文对通说提出批判,认为该行为成立犯罪中止。本文在列举各种新观点的基础上,对其逐一进行评述,指出上述观点在理论上存在不能自圆其说之处,从而最终得出通说理论仍具有合理性的结论。

The general theories of criminal law show that the behavior of relieving the dangerous state automatically makes the crime accomplished. However, in recent years some scholars have criticized the general theories in their articles, and think this behavior should be crime termination. This paper has discussed these comments one by one on the basis of listing all kinds of new viewpoints, and pointed out that the above-mentioned viewpoints are inconsistent in theory. It concludes that the general theories still have been reasonable.