结果加重犯概念之辨正

A Critical Study of the Concept of Aggregated Consequential Offense

对结果加重犯范围的界定应以一国现行刑事立法中关于基本犯罪引起重结果而被加重法定刑的法律现象作为依据。我国刑法理论的通说认为,结果加重犯,也称加重结果犯,是指实施基本犯罪构成要件的行为发生基本犯罪构成要件以外的重结果,因此刑法规定加重刑罚的犯罪形态。通说所界定的这一概念是妥当的。

As far as the scope of aggregated consequential offense is concerned, its definition should be based on the legal phenomena of the statutory punishment aggregated with the aggregated consequence caused by the fundamental offense in the present criminal legislation of a country. According to the com- monly- accepted doctrine in Chinese criminal theory, the aggregated consequential offense refers to the criminal pattern for which the aggregated punishment is stipulated because of the heavier consequence which is caused by the act of fundamental offense and out of the scope of the constitutive elements of fundamental offense. This statement is reasonable.