中止犯及相关问题初探

A Probe into Discontinuation of Offense and Its Related Issues

中止犯作为一种特殊、复杂的犯罪形态,一直是理论聚讼的焦点。实践中,有两个问题值得探索。一是行为如果发生在内部关系错综复杂的共同犯罪中,其犯罪中止的有效性如何把握?二是在犯罪人已完成了危险犯的实行行为,但实害犯的犯罪结果并未发生。在此情况下,犯罪人自动采取措施,并且有效地防止了犯罪结果的出现,其性质应如果认定,是构成危险犯的既遂,还是构成犯罪中止?若构成犯罪中止又是构成危险犯的中止还是实害犯的中止?

Discontinuation of offense, as a special and complex form of crime, always remains the focus of theoretical dispute. In practice, two questions are worth exploring as for it. One is how to crontrol its efficiency if the act occurs in a complex complicity; and the other is how to recognise its nature which belongs to accomplished dangerous offense or discontinuation of offense if the criminal has accomplished the criminal fact without dangerous result and simutaneously has taken some effective measures to prevent the bad results. Then if the act is discontinuation of offense, does it belong to discontinuation of dangerous offense or accomplished offens？