论分类的犯罪既遂标准

On Classified Criterion of Accomplishment of Crime

犯罪既遂的概念应当从实质意义上界定,并应与犯罪既遂的判断标准相区分;"构成要件齐备说"难以承担犯罪既遂判断标准的功能;从犯罪既遂角度划分的犯罪类型仅包括结果犯和行为犯两种,应在此基础上分别界定不同种类犯罪既遂的判断标准。

The concept of accomplishment of crime should be defined from the essence angle, and it should be distinguished from the criterion of judgment of it. The complement of constitutive elements of a crime cannot be used as the criterion of judgment of accomplishment. The types of crime should be divided into the behavioral crime and the consequential crime, and then we may put forward the criterion of accomplishment of different types of crime.