结果加重犯本质问题探析

On the Nature of the Aggravated Consequence Crime

结果加重犯是刑法中一个小问题,但又涉及诸多刑法基本理论,特别是其本质问题历来为刑法学者所关注。在明确结果加重犯概念的基础上,通过对关涉结果加重犯本质的三大理论的分析和批判,提出了自己对结果加重犯本质问题的看法,认为结果加重犯的本质是以危险性为基础的,其重结果可归责于行为人的犯罪形态。

The aggravated consequence crime is a small question in criminal law, but it deals with many fundamental theories of criminal law, especially its nature has been aroused general concern. The writer of the article puts forward his own point that the nature of aggravated consequence crime is a criminal model that aggravated consequence based on negligence can be due to actor by analyzing and criticizing three theries about the nature of aggravated consequence crime based on making clear the concept of aggravated consequence crime.