论共罚的事后行为的概念及其成立要件

the concept and essential elements of the subsequent conduct of co-penalty

以"共罚的事后行为"概念取代"不可罚的事后行为"概念有其深层次意义。"不罚"忽视了后行为对法益的第二次侵害,"共罚"则对后行为进行了否定性评价。成立共罚的事后行为需要具备的成立条件包括没有侵害新的法益、后行为该当构成要件、违法且有责、该违法性已被事前的状态犯所评价完毕。

Replacing the concept of'subsequent conduct of co-penalty 'of 'subsequent conduct of non-punishment' concept has its deep meaning.Non-penalty ignores the second violation of the legal interests of subsequent conduct while co-penalty makes a negative evaluation of subsequent conduct.Establishing the subsequent conduct of co-penalty requires the essential elements including no new legal interests, subsequent conduct should be essential elements,the perpetrator is illegal and responsible and the illegality has been committed by a state evaluation is completed beforehand.