论刑法中的事后危害行为

事后行为是一种尚未引起理论注意的新型行为形态.在我国刑法中,事后行为有事后目的行为和事后不作为行为两种.对事后行为的处罚是对应常态行为犯罪构成的适当扩张,并不违背罪刑法定原则.肯定事后行为的概念,有利于丰富行为理论,消除不必要的理论纷争,促进刑法理论的协调发展.

Preliminry Study on Subsequent Hrmful Conduct in Criminl Law

Subsequent conduct is a new form of conduct to which the theory has not paid attention. In Chinese criminal law there are two kinds of subsequent conduct, subsequent purposeful conduct and subsequent omission. Punishing subsequent conduct is a kind of expanded application of the relevant criminal constitution, but it does not violate the principle of legality. To accept the subsequent conduct concept is helpful to enrich conduct theory, eliminate unnecessary theoretical controversy and so improve criminal law theory in a coordinate way.