犯罪既遂、未遂与我国刑法分则之规定——以盗窃罪为视角

Completed & Uncompleted Crime With Specific Provisions of Criminal Law

犯罪既遂、未遂是故意犯罪发展阶段中的停止形态,各国刑法对未遂犯处以与既遂犯不同的处罚原则,我国刑法也不例外。我国刑法分则采取了定量、分阶段的立法模式,即对于具体犯罪,在犯罪既遂的基础上,根据危害程度的不同规定了不同的刑罚。从罪刑相适应、主客观相统一出发,应当将刑法总则对于未遂犯的处罚原则贯彻于这种立法模式中,而不仅仅是既遂犯与未遂犯在刑罚适用上的区分。

The completed and uncompleted crime is the suspended state in the course of intentionally crime,all the countries＇ criminal laws have differentiated the completed and uncompleted crime in penalty.The specific provisions of criminal law of our country has adopt the mode of fixed quantity and phase,that is,to the concrete crimes,set different penalty by the harm on the base of the completed crime.From the principle of punishment fitting crime and subjectivity accordance with the objectivity,we should put the general rules of the criminal law about the principle of penal the uncompleted crime to such mode of legislation,not the distinguish from the completed crime and the uncompleted crime in penalty.