结果加重犯本质探究

The Analysis on the Nature of Consequence-aggravated Crime

结果加重犯在客观上是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的,且基本行为本身蕴含发生重结果的风险;主观上则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情形。而刑法上的结合犯,如果从广义理解,即结合两个单一的犯罪为一个犯罪的类型。可见,结果加重犯在本质上,应当归属为结合犯的一种,两者都是以单一的刑罚规定来取代刑法总则竞合规则的适用,即以重刑取代轻刑。

The objective structure of consequence-aggravated crime is dual-acts and dual-results. 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 could include basic acts which are intentional while aggravated consequence is intentional or negligent, and basic acts are negligent while aggravated consequence is negligent. And integrated offense in broad sense could be defined as the offense of combining two independent crimes. Therefore, consequence - aggravated crime should be attributed to integrated offense. The function of them is applying single sentence to replace the rule of concurrence, namely substituting light punishment for heavy punishment.