事后行为的前序性展开

On the Premise of the Behavior after the Criminal Event

犯罪的完成是以刑法保护客体即刑法法益为考察基点,在法定意义上的价值评判,是立法者进行价值选择的结果,而不是从自然角度观察的行为过程的完成,因而犯罪已经既遂但行为尚未终了、或虽行为终了但行为人还要实施其他犯罪行为便成为通常的情况。此时,刑法规范当然得发挥其对法益的动态保护机能,使受侵害之法益尽早脱离行为人之掌控或避免它种法益受到侵害或威胁,由此便凸显运用刑法理论对纷繁复杂的事后行为给予恰当的刑法评价的理论和现实意义。

Based on the object of protection in criminal law, the accomplishment of crime is not the fulfillment of behavior in the perspective of natural process, but value judgment as well as a result of the legislator＇s value choice. Therefore often a crime has already been accomplished yet the criminal＇s activity is still going on, or the activity has terminated yet the criminal is taking on another crime. In this case, criminal law should definitely function dynamically so that the victim can get rid of the criminal＇s control as soon as possible or avoid being infringed or threatened with other kinds of legal interest. Thus theoretically and realistically it is highly significant to use criminal law theory to make appropriate legal value judgment of the complicated act after the accomplishment of crime.