结果加重犯构成新论

On the Structure of Aggregated Consequential Offense

晚近以降,结果加重犯适当性问题饱受争议,国内外众多学者以"责任主义"为基础,提倡对其加以废止或修正。但是,当前问题的核心在于我们没有厘清结果加重犯的结构构造,陷入了"复合形态论"的误区。与此相对,在犯罪类型上结果加重犯应当是危险犯的实害形态。据此,结果加重犯的结构构造具备以下特征:一方面,行为人实施的基本犯罪行为在客观上具有产生加重结果的高度风险性;另一方面,行为人主观方面对于加重结果存在危险故意。

Since the contemporary times, aggregated Consequential Offense is a controversial issue. Based on ＂responsibility＂, some scholars at home and abroad advocate their abolition or amendment. But the crux is that we have not clarified the structure of the aggregated consequential offense, and it＇s reduced to a state of ＂complex patterns＂. On contrary, in the types of crime the aggregated consequential offense belongs to the form of real harm of dangerous crime. Accordingly, the designs of the aggregated consequential offense include the following characteristics： on the one hand, the basic criminality of author objectively has the aggravation resulting in high risks; On the other hand, author＇s subjective aspect harbors a danger intention with regard to aggravating results.