“犯罪目的实现说”否定论

On the Negation of the Doctrine of the Realization of Criminal Intent

作为犯罪既遂判断标准的学说,"犯罪目的实现说"不仅使犯罪既遂的判断偏离正确的方向,使犯罪既遂的认定呈现浓厚的主观色彩,而且不当地缩小犯罪未遂的成立范围。对"犯罪目的实现说"应予以否定评价。

As the doctrine for the criterion of accomplishment of a crime, the Doctrine of the Realization of Criminal Intent not only makes the judgment of accomplishment of a crime deviate from the right direction and present marked subjective colouring, but also inapporiately reduces the applicable scope of criminal attempt, A negative appraisal of the Doctrine of the Realization of Criminal Intent should be given.