结合犯替代包容犯与转化犯的立法可能性探讨

Discussion on the Possibility of the Issue of Conversion Guilty and Inclusive Guilty Replaced by Combinative Crime in Legislation

文章在澄清罪数形态区分标准的基础上,全面梳理了结合犯的立法与理论问题,初步考察了转化犯和包容犯的理论研究现状,针对两者不合逻辑与不成体系,提出扩张结合犯的结合关系以其替代转化犯与包容犯的立法构想。

Based on the dividing standard of quantity for crime., the paper combs out the issue about combinative crime in the scope of legislation and theory, studies the theoretical status quo of the convertible guilty and inclusive guilty and puts forward the relationship of expanding combintive crime as well as the legisalative concepts of replacement of convertible guilty and inclusive quilgy in accordance with the existence of unlogical unsystematic relations between them.