犯罪既遂与相关概念的关系

On the Relationship between the Accomplishment of a Crime and the Related Concepts

犯罪既遂是犯罪成立的具体形态之一,是在犯罪已经成立的前提下表明犯罪已经完成的一种结局状态。犯罪既遂条件属于犯罪构成要件。既遂罪的犯罪构成是基本的犯罪构成,是由刑法分则条文直接规定的;未完成形态犯罪的构成是修正的犯罪构成,是以刑法分则具体条文规定的基本的犯罪构成为基础,结合刑法总则的有关规定加以认定的。二者在犯罪构成方面存在"质"的不同,符合犯罪构成行为所成立的就不可能是既遂罪与未完成形态的犯罪,而是性质截然不同的犯罪,在这方面,转化犯是一适例,在转化犯的场合,之所以发生此罪向彼罪转化的现象,原因在于发生了根本不能为此罪的犯罪构成所包含的"质"的变化。

The accomplishment of a crime, an ultimate state which makes known the completion of a crime, is based on the establishment of a crime. The condition of the completion of a crime belongs, to the constitutive elements. The constitutive elements of the accomplished offense are different from those of the inchoate crimes. The constituton of the former is the basic one, which is stipulated by the branches of criminal law directly. While the constitution of the latter is the adjusted one, which is connected with the general rules of criminal law on the basis of basic crime constitution. Therefore, they are different in nature in the aspect of crime constitution. In other words, one behavior that meets the crime constitution can not be accomplished crime or unaccomplished state of a crime, but absolutely different crime. In this aspect, the transformed criminals are the right example. In the situation of de-transformed criminals, the reason why one crime is transformed into another one is that the constitution of this crime has experienced great change in nature.