论危险犯的犯罪中止

On the Discontinuation of Perilous Criminal

危险犯的基本犯与结果加重犯之间的关系,一直成为危险犯在危险状态达至后犯罪中止是否成立的焦点问题。危险犯在达至既遂状态后,成立犯罪中止,完全符合刑法规定的犯罪中止成立的时间要求,符合我国刑法所坚持的犯罪构成理论。该问题的解决有利于防止犯罪人铤而走险,既给犯罪人回头是岸的机会,也保护了面临犯罪侵害的合法权益。

The relationship between the basic criminal and the resultaggravatedcriminal of perilous crime has always been a focus in the question whether crime discontinuation is legal when a perilous criminal reaches the desired situation. After a perilous criminal has reached the desired situation, he discontinues his crime, which fully conforms to the time requirements of the criminal law of our concerning the crime discontinuation, and also conforms to the theory of crime discontinuation our country advocates. The solution of this problem is helpful in preventing criminals from running risks of committing a crime. It not only provides an opportunity to the criminal to discontinue a crime, but also protects the legal rights when they would be victims.