结果加重犯之处罚根据

结果加重犯,是指基于故意实施基本犯罪行为,导致意想不到的重大结果的犯罪形态。有关结果加重犯的加重处罚根据,危险性说虽然有一定的合理性,但是这种理论也有致命缺陷。结果加重犯是否存在未遂问题的争论,实际上是针对结果加重犯的加重结果罪过形式的争论。结果加重犯中共同正犯的成立条件是,参与原本就有危险性行为的人理应受到处罚,这一点没有异议。问题是,没有参与危险性行为的人缘何也可以成为共同正犯,这一问题只能从共同正犯的构造入手才能得到解决。

Consequential Aggravated Penalties

Consequential Aggravated Penalties refer to the kinds of crime forms in which the basic intentional criminal acts result in unexpectedly significant consequences of crime.Considering the foundation of Consequential Aggravated Penalties,though Risk Theory possesses certain rationality,this theory has a fatal flaw.The debates on whether the crime is accomplished or not are actually arguments directed at the forms of Consequential Aggravated Penalties.It has no objection that whoever takes part in risky acts should be considered to be a joint principal offender and should be punished.The problem is that people not involved in risky acts can have been recognized as an accomplice.The solution of this problem can only start from the inscape of an accomplice.