论文部分内容阅读
自动放弃重复侵害的性质,是刑法理论中较为复杂又颇有争议的问题。过去传统的观点将之定性为犯罪未遂,近年来我国刑法学界展开讨论,逐渐倾向于主张是犯罪中止,且在实务界呈现出一边倒的趋势。自动放弃重复侵害行为最为正确、科学定性应该是中止未遂,即把犯罪中止归类到犯罪未遂形态之中,对预备中止和未遂中止的刑罚区别开来,同时对行为人自动放弃重复侵害行为时的主观方面加以考虑,从而消除对其性质界定模糊,弥补对其主观方面存在真空的状况。
The automatic relinquishment of the nature of repetitive infringement is a more complicated and controversial issue in the criminal law theory. In the past, traditional viewpoints were characterized as attempted crimes. In recent years, criminal law scholars in our country started discussions and tended to hold the opinion that the crime was suspended and showed a one-sided tendency in the practical world. Repeatedly abstain from automatically giving up the most correct behavior, scientific qualitative should be suspended attempted, that is, the cessation of the crime classified in the form of criminal attempt to prepare for the suspension and attempted suspension of the penalty to distinguish, while the behavior of people automatically give up repeated violations , Thereby removing the ambiguity of its character and making up for the vacuum of its subjective aspects.