刑法学中麻醉手段理论刍议——从医学领域的麻醉学理论入手

On the Anesthetic Means in Criminal Law——From the Perspective of Anesthesiology in the Field of Medicine

刑法学中的麻醉手段理论的构建,应以医学领域的麻醉学理论作为基础,然而刑法学中的麻醉手段又有其自身的特殊性,主要体现在对麻醉的定义、麻醉实施方法和麻醉程度表述三个方面,在以上三个方面的研究基础上,并依据麻醉手段在罪名构成中的作用,可将刑法学中的麻醉手段分为两类,指导司法实践中的定罪量刑。

This paper examines the connection between the anesthesiology in the field of medicine and the anesthetic means in criminal law. The anesthesiology should be used as the basis for a theory of the anesthetic means in criminal law while the theory may have its own framework due to the properties of the criminal taw. In this article, the co-authors establish an elementary theory by focusing on four fundamental subjects in criminal law： the definition of the anesthesia; the specific means of the anesthesia; the degree of the anesthetic; and the classification of the anesthetic means. This elementary establishment of the theory of the anesthetic means in criminal law can help to solve some of the conviction controversies in cases involving anesthetic means.