准中止犯若干问题研究

Studies on Several Issues of Quasi-suspension of Offenders

准中止犯问题是在刑法理论中有着其独特的地位,在构成要件上有自己特有的成立要素。理论界一般认为对中止犯应减免处罚并为之找到了减免处罚的理论依据,但对准中止犯减免处罚的依据却鲜有论述。在共同犯罪中,准中止犯的成立和对共同犯罪人刑事责任的划分也有着自己的特色。这些问题的探讨,对准中止犯问题的研究具有积极的意义。

The problem of quasi-suspension of offenders has its unique position in criminal law theory;and has its own unique elements.Theorists generally believed that the suspension of offenders should be punished,and work to find relief for reduction of punishment theoretical basis,but suspension of guilty relief aimed at the basis of punishment rarely discussed.In the crime,the establishment of quasi-suspension of offenders and the criminal division of co-perpetrator also has its own characteristics.The author hope from these issues research can give some positive meaning.