结果加重犯司法适用的限度——司法刑法学角度的思考

Limitation of Judicial Application of Aggravated Consequential Offense ——Reflections on Judicial Criminal Law

结果加重犯作为一种刑法上的规定由来已久,由于责任原则在刑法理论上已成为不可辩驳的信条和结果加重犯处罚的严厉,对其的适用必须限制到一个合适的程度.而要做到这点,必须审视结果加重犯的现代的理论展开.司法刑法学是一个表征刑法理论体系分化与分工的概念.在司法刑法学的视域和范式下,对于结果加重犯的限制适用必须超越仅仅是认识的过程而置于司法过程的视野之下.

Aggregated consequential offense is a norm that has existed in criminal law for a long time, because the principle of liability becomes a undeniable doctrine in criminal law theory and its severe punishment, the application of this kind should narrow down to its appropriate spectrum. In order to do that, it is a must to survey its contemporary theoretical development. Judicial criminal law is a concept characterized by differentiation and division of the theory of criminal law. Under the purview and paradigm of this concept that being promoted by Professor Liu Yuan, the narrowing down of the application of aggregated consequential offense should have a perspective in the judicial process that is beyond the thinking process of mere recognition.