论短缩二行为犯及其共犯形态

Study on the Incompletely Two-conduct Crime and Co-crime Pattern

短缩二行为犯属于目的犯中重要类型,其只要求行为人以实施第二个行为为目的实施了构成要件的实行行为,就以犯罪既遂论处,而不要求行为人客观上实施目的行为。正基于此,在短缩二行为犯的共犯形态问题上也相应的区别于一般故意犯罪的共犯形态,具有其特殊之处。

As one of the important pattern of the intent crime, the incompletely two-conduct crime refers to that the offender acts with the intention to carry out the second conduct, while only the first conduct satisfies the constitutional elements and the second conduct does not. The co-crime pattern of the incom- pletely two-conduct crime is different from other the intent crime because of particularity on its struc- ture. Study on this can benefit the consummation of our criminal law theories.