论结果加重犯的构造

On the Structure of the Aggregated Consequential Offense

对结果加重犯的构造的探讨可以围绕对基本犯罪和加重结果的阐释而展开。基本犯罪可以是危险犯,也可以是行为犯。加重结果是结果加重犯的独特的构成要件要素。加重结果与基本结果的性质是否相同,不影响结果加重犯的成立。

The structure of aggregated consequential offense can be discussed and interpreted from the as- pects of the fundamental offense and its aggregated consequence. The fundamental offense may be either potential damage offense or behavioral offense. The aggregated consequence is the distinct constitutive element of aggregated consequential offense. Whether or not the nature of aggravated consequence is the same as that of the fundamental consequence has no effect on the establishment of aggregated consequential offense.