论结果加重犯的未遂形态

On Unaccomplished Forms of Aggregated Consequential Offense

本文从对结果加重犯构成要件的把握入手,较为详尽地考察了学界关于结果加重犯未遂形态的争论,在此基础上对结果加重犯存在未遂形态的观点作出辨析,认为基本犯罪未遂加重结果已发生和基本犯罪既遂而加重结果未发生两种类型都是结果加重犯的未遂形态。

The paper, based on the analysis of the essentials of the consequence aggravating crime and careful examination of the academic argumentation about the unaccomplished conditions of the consequence aggravating crime, explores the different views about the unaccomplished conditions of the consequence aggravating crime and has reached to the conclusion that the unaccomplished conditions of the consequence aggravating crime include two types： basic attempted crimes with aggravated consequences and basic consummated crimes without aggravated consequences.