准中止犯研究

Research on the Quasi-Discontinuation of Crime from Legislative Perspective

我国刑法学界的通说将中止犯与未遂犯的竞合形态的类型仅限定于不能犯的某种特定情形,不够全面,遗漏了其他三种类型;再者,关于中止犯与未遂犯的竞合形态的性质的各种学说均有失偏颇,既不能与有关犯罪形态的理论相衔接,也有悖于现行刑法的规定。为了解决这一问题有必要引入大陆法系的准中止犯制度,对准中止犯的概念、特征及其类型展开研究。

There is a general belief in China's criminal law theory that the type about the concurrence of offenses between discontinued crime and attempted crime is confined to a particular type of incapable crime, which is not comprehensive enough, omitting the other three types. Furthermore, all theories on the concurrence of offenses between discontinued crime and attempted crime are not well-grounded, because they are incompatible with the patterns of crime theory and offensive to the provisions of the criminal law.To solve this problem, it is necessary to introduce the system about the quasi-discontinued crime in the civil law system. This article deals with the conceptual features, legislative & theoretical grounds as well as types of quasi- discontinued crime.