准中止犯初论

On the Semi-criminal of Discontinuance

"准中止犯"是犯罪未完成形态中的一个特殊概念,是在行为人不完全具备犯罪中止成立要件时准用其规定而拟制的一项法律制度。作为犯罪中止制度的扩张,准中止犯有自己的特殊类型、特征和成立条件,其理论构造与制度设计越来越受到刑法理论界的关注,许多国家和地区也将其纳入了刑事立法。

＂Semi -criminal of discontinuance＂ is a special concept of unfinished patterns of crime, It＇s a working-out legal system of when the doer without complete establishing conditions for crime discontinuance while its regulations are applied. As an expansion of the system of crime suspension,semi -criminal of discontinuance has its own special type,features as well as establishing conditions, and its theoretical structure and systematic design are attracting more and more attention from the circle of criminal theory, and many countries and regions have taken it into criminal legislation.