结果加重犯若干问题研究
发布时间：2018-12-31 11:09
【摘要】：本文立足于我国刑法的具体规定、结合相关刑法理论,分四章探讨了结果加重犯的若干问题。 第一章为结果加重犯概述。在本章中,探讨了结果加重犯的概念、构成特征、分类和本质。 (1)关于结果加重犯的概念。本文认为应当采用“结构要素主、客观表述型”的方法进行定义。本文从最为宽广的结果加重犯概念出发,进行分析研究,认为结果加重犯的基本犯罪的罪过形式可以为故意或过失,加重结果的罪过形式也可以是故意或过失,进而得出了结果加重犯的定义,即结果加重犯,也称加重结果犯,是指行为人故意或过失地实施基本犯罪构成要件的行为,因故意或过失引起了超出作为基本犯罪构成要件的危害结果以外的法定重结果,因而刑法规定了加重刑罚的犯罪形态;并指出,我国刑法规定了三种形式的结果加重犯,即故意+故意、故意+故意或过失和过失+过失。 (2)关于结果加重犯的构成特征。本文首先从基本犯罪、加重结果、加重法定刑和结果加重犯的因果关系等四个方面分别地、分解式地加以论述,最后探讨了结果加重犯(加重构成)和基本犯罪(基本构成)之间的关系。本文认为,从结果加重犯基本犯罪的整体来看,基本犯罪可以是行为犯或结果犯;而结果加重犯基本犯罪的犯罪行为可以是既遂行为、未遂行为,但不能是预备行为;基本犯罪行为可以是单一构成行为,也可以是复合构成行为;基本犯罪的犯罪行为可以以作为或不作为的方式实施。加重结果包括对法益造成的实际损害和现实危险。加重法定刑分情况:过失的结果加重犯的法定刑从理论上讲应当高于基本犯罪的法定刑而低于加重结果的故意犯罪的法定刑,而故意的结果加重犯的法定刑从理论上讲应当高于基本犯罪的法定刑而可以接近、等于甚至高于加重结果的故意犯罪的法定刑。结果加重犯的因果关系应当采客观的相当因果关系说。加重构成和基本构成的关系为加重构成相对独立于基本构成。 (3)关于结果加重犯的分类。本文将结果加重犯分为纯正的结果加重犯和不纯正的结果加重犯(根据基本犯罪和加重结果的罪过形式)、同一侵害的结果加重犯和不同侵害的结果加重犯(根据基本犯罪行为所直接侵害的对象和加重结果所存在的对象是否同一)、直接原因的结果加重犯和间接原因的结果加重犯(根
[Abstract]:Based on the specific provisions of China's criminal law and the relevant criminal law theory, this paper discusses several problems of aggravated consequential offense in four chapters. The first chapter is a summary of aggravated consequential offense. In this chapter, the concept, constitution, classification and nature of consequential aggravated crime are discussed. (1) the concept of aggravated consequential offense. In this paper, we should adopt the method of "subjective and objective expression of structural elements" to define it. Starting from the most broad concept of aggravated consequential offense, this paper analyzes and studies the basic crime of aggravated consequential crime in the form of intent or negligence, and the guilty form of aggravated result can also be intentional or negligent. Furthermore, the definition of consequential aggravated crime is obtained, that is, consequential aggravated crime, also known as aggravated consequential crime, which refers to the behavior that the perpetrator intentionally or negligently carries out the basic constitutive elements of the crime. Due to intentional or negligent causes beyond the result of harm as the basic elements of the crime, the criminal law stipulates the criminal form of aggravated punishment; It is pointed out that the criminal law of our country stipulates three forms of consequential aggravated offense, that is, intentional, intentional or negligent and negligent. (2) the constitutive characteristics of aggravated consequential offense. This article first discusses the basic crime, the aggravating result, the aggravating legal penalty and the causality relation of the resultant aggravated crime separately. Finally, the relationship between consequential aggravated crime (aggravated constitution) and basic crime (basic constitution) is discussed. In this paper, the author thinks that the basic crime can be an act crime or a result crime, while the result aggravated crime can be an accomplished act, an attempted act, but not a preparatory act. The basic criminal act can be a single constitutive act or a compound constitutive act, and the criminal act of the basic crime can be carried out in the way of act or omission. The result of aggravation includes the actual harm and the real danger to the benefit of law. Aggravated statutory penalty: the result of negligence the statutory penalty of aggravated crime should theoretically be higher than that of the basic crime and the legal penalty of intentional crime with less aggravated result, In theory, the legal penalty of intentional aggravated crime should be higher than that of basic crime and can be approached, which is equal to or even higher than that of intentional crime with aggravated result. The causality of aggravated consequential crime should adopt objective equivalent causality theory. The relation between the aggravation constitution and the basic constitution is that the aggravation constitution is relatively independent from the basic constitution. (3) the classification of aggravated consequential crime. This article divides the result-aggravated crime into pure result-aggravated crime and impure result-aggravated crime (according to the basic crime and the crime form of aggravated result), The result aggravated offense of the same violation and the aggravated crime of different violations (according to whether the object of direct infringement and the object of the aggravated result of the basic criminal act are the same), Results of direct causes aggravated and indirect causes aggravated (root)
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D924.1
本文编号：2396490
[Abstract]:Based on the specific provisions of China's criminal law and the relevant criminal law theory, this paper discusses several problems of aggravated consequential offense in four chapters. The first chapter is a summary of aggravated consequential offense. In this chapter, the concept, constitution, classification and nature of consequential aggravated crime are discussed. (1) the concept of aggravated consequential offense. In this paper, we should adopt the method of "subjective and objective expression of structural elements" to define it. Starting from the most broad concept of aggravated consequential offense, this paper analyzes and studies the basic crime of aggravated consequential crime in the form of intent or negligence, and the guilty form of aggravated result can also be intentional or negligent. Furthermore, the definition of consequential aggravated crime is obtained, that is, consequential aggravated crime, also known as aggravated consequential crime, which refers to the behavior that the perpetrator intentionally or negligently carries out the basic constitutive elements of the crime. Due to intentional or negligent causes beyond the result of harm as the basic elements of the crime, the criminal law stipulates the criminal form of aggravated punishment; It is pointed out that the criminal law of our country stipulates three forms of consequential aggravated offense, that is, intentional, intentional or negligent and negligent. (2) the constitutive characteristics of aggravated consequential offense. This article first discusses the basic crime, the aggravating result, the aggravating legal penalty and the causality relation of the resultant aggravated crime separately. Finally, the relationship between consequential aggravated crime (aggravated constitution) and basic crime (basic constitution) is discussed. In this paper, the author thinks that the basic crime can be an act crime or a result crime, while the result aggravated crime can be an accomplished act, an attempted act, but not a preparatory act. The basic criminal act can be a single constitutive act or a compound constitutive act, and the criminal act of the basic crime can be carried out in the way of act or omission. The result of aggravation includes the actual harm and the real danger to the benefit of law. Aggravated statutory penalty: the result of negligence the statutory penalty of aggravated crime should theoretically be higher than that of the basic crime and the legal penalty of intentional crime with less aggravated result, In theory, the legal penalty of intentional aggravated crime should be higher than that of basic crime and can be approached, which is equal to or even higher than that of intentional crime with aggravated result. The causality of aggravated consequential crime should adopt objective equivalent causality theory. The relation between the aggravation constitution and the basic constitution is that the aggravation constitution is relatively independent from the basic constitution. (3) the classification of aggravated consequential crime. This article divides the result-aggravated crime into pure result-aggravated crime and impure result-aggravated crime (according to the basic crime and the crime form of aggravated result), The result aggravated offense of the same violation and the aggravated crime of different violations (according to whether the object of direct infringement and the object of the aggravated result of the basic criminal act are the same), Results of direct causes aggravated and indirect causes aggravated (root)
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D924.1
【引证文献】
相关硕士学位论文 前1条
1 王嘉;论结果加重犯的本质与结构[D];中国青年政治学院;2012年
，本文编号：2396490
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