结果加重犯结构分析

The Analysis on the Structure of Consequence-aggravated Crime

结果加重犯的客观结构,理论上通常认为是基本行为导致加重结果的一行为双结果形态。然而,结果加重犯在客观上实为一种双行为双结果的结构,其加重结果是由基本行为与后续行为累积造成,且基本行为本身蕴含发生重结果的风险。从主观结构看,结果加重犯也不似通说那样广泛,存在基本犯罪是故意而对加重结果是过失或故意,及基本行为是过失加重结果也为过失的结果加重犯。而基本犯罪是过失加重结果是故意的并不属于结果加重犯的范畴,此种情形只能成立该重结果的故意犯罪或是过失犯罪与故意犯罪的实质竞合。

The objective structure of consequence-aggravated crime is generally taken as the form of single-act and dual-results. However, the objective structure of consequence-aggravated crime in essence is dual-acts and dual-resuits. The aggravated consequence is attributed to basic acts and successive acts, and the basic acts contain the danger that may result in aggravated consequence. The subjective structure of consequence-aggravated crime is also not so broadly as imaged,it could include that basic acts are intentional while aggravated consequence is intentional or negligent, and basic acts are negligent while aggravated consequence is negligent. It needs to be pointed out that the situation that basic acts are negligent while aggravated consequence is intentional should not be taken for consequence-aggravated crime. It should be intentional crimes or the concurrence of intentional crime and negligent crime.