结果加重犯基础理论比较下的构造形态解析及立法完善

Analysis of the Structural Pattern of Aggravated Consequential Offense under the Comparison of Basic Theory and Its Perfection of Legislation

结果加重犯理论存在众多争议,其中主要争议问题集中于结果加重犯概念、结果加重犯根据、结果加重犯构成特征、结果加重犯未遂问题。通过参考国内外的研究成果,本文探讨了这四个方面,采用广义的结果加重犯概念,即故意实施基本构成要件的行为,过失或者故意导致加重结果的发生,刑法加重其处罚的法定一罪形态;从危险性说来整合基本行为和加重构成的关系;在讨论结果加重犯的构成特征时,提出行为犯和危险犯能够成立结果加重犯,加重结果的三点特征以及加重结果须与构成要件行为存在相当因果联系;最后论证结果加重犯存在未遂形态,并提出完善性立法建议。

There are many disputes about the theory of aggravated consequential offense, with focus on the concept of aggravated consequential offense, its reasonability, structural features and the attempted form of aggravated conse- quential offense. By referring to the research results at home and abroad, this paper probes into the above four as- pects by using generalized concept of aggravated consequential offense, namely, the behavior of implementing the basic constituent elements intentionally, the happening of aggravated result due to negligence or deliberate intention and the aggravated punishment of the essential crime authorized by criminal law. Integrate the relationship between basic behavior and aggravated constitution from the perspective of danger. When discussing the constituting features of the aggravated consequential offense, it proposes behavior crime and dangerous crime can be labeled as aggravated consequential offense. It analyzes the three features of aggravated result and the causal relationship between aggrava- ted result and constituent elements. Finally, it points out that there exists attempted aggravated consequential offense and presents suggestions on perfecting the legislation.