既遂后中止的理论分析

Theoretical Analysis of the Discontinuation after Accomplishment of A Crime

根据我国《刑法》规定,犯罪既遂成立后可以成立犯罪中止。犯罪既遂的成立指行为人实现了构成要件意义上的结果;犯罪过程是行为人实现其全部主观罪过内容的连续过程;犯罪结果是行为人主观罪过内容的全部、最终实现;"损害"是犯罪结果出现前的犯罪过程中所造成的未达到犯罪结果程度的损害。因而,既遂后能够成立中止的行为不应仅仅认定为悔罪表现。

According to the provisions of the criminal law of the People＇s Republic of China, the discontinuation can be established after the accomplishment of a crime. The accomplishment of a crime is the result of the implementat ion of the constitution. The criminal process is the whole, complete and coherent process of the crime, that is, the continuous process that the offender realizes all the content of his subjec tive fault. The result of the crime is not the result of the constitutive requirements, but the whole and the final realizat ion of the subjective fault of the offender. Damage is caused in the process of crime,which is not to the extent of the result of the crime. Therefore, the offender＇s behavior that can be regarded as discontinuation of crime after completing a crime that the establishment should not be regard as demonstrate repentance.