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罪过形式、刑事责任、犯罪既遂、未遂是刑法中的重要内容,对行为人的刑罚产生重要影响,刑法中的错误论正是围绕这一类问题展开的,故而刑法中的错误论问题在整个刑法理论中意义非凡。行为人认识的事实与现实的事实不一致在何种程度上阻却故意、何种程度上不影响故意的成立是其重难点,也是错误论的核心问题。不论是英美法系还是大陆法系理论界都认为错误论问题在整个刑法理论中既相当重要又相当困难。本文拟就刑法中错误的各种概念及其分类进行剖析,针对其利弊提出自己的看法。
The crime form, criminal responsibility and crime are accomplished. The attempt is an important content in the criminal law and has an important influence on the penalty of the perpetrator. The mistaken theory in criminal law is just around this kind of problem. Therefore, The theory of criminal law is of extraordinary significance. The extent to which the perpetrator’s understanding of the fact and the fact of reality is not the same is a serious and difficult challenge to the extent to which deliberately and to what extent does not affect intentional establishment. It is also a core issue of erroneous theory. Both the Anglo-American legal system and the civil law theory circle think that the wrong theory is very important and quite difficult in the entire theory of criminal law. This article intends to analyze the various concepts and their classification of mistakes in the criminal law and put forward their own views according to their advantages and disadvantages.