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我国刑法理论以犯罪构成个数标准判断犯罪的单复,而很少问津危害行为的单复问题,这是一种理论缺憾。笔者认为,外国刑法学者提出的罪数判断的行为标准说是不科学的,但是不能因此完全否定危害行为单复在罪数判断中的意义。危害行为是犯罪构成的核心,危害行为的单复是犯罪构成个数的物质基础,不能科学区分危害行为的单复,就不能准确认定犯罪的个数。研究危害行为的单复,对于准确判断一罪与数罪,丰富罪数理论具有重要意义。本文借鉴大陆法系刑法学的理论素材,立足我国刑事立法和刑法理论,对中国刑法中危害行为的单复问题作初步研讨。
It is a theoretical defect that the theory of criminal law in our country should judge the single and complex of crimes by the number of crimes and seldom deal with the single and complex problems of harmful behaviors. The author believes that foreign criminal law scholars to determine the standard of crime to say that the standard of behavior is unscientific, but can not therefore completely deny the harmful effects of single-handedly in the judgment of the significance of the crime. Hazard behavior is the core of the crime, the single action of the harmful act is the material basis of the number of crimes, and the number of crimes can not be accurately identified because it can not scientifically distinguish the single action from the harmful one. It is of great significance to study the theory of crimes of sin and sin to study accurately the sin and sin. This article draws lessons from the theoretical material of civil law criminal law in continental law system and bases on the criminal legislation and criminal law theory in our country to make a preliminary study on the single and complex issues of harmful acts in Chinese criminal law.