结果加重犯的构造模式探微

从内部来看,结果加重犯的基本构造模式在主观层面属于平行性罪过,即其中犯罪故意指向基本犯,犯罪过失指向加重犯,两种罪过相对独立。其客观层面又呈现出梯度质变关系,即在逻辑上看,基本犯所侵害的法益和加重犯所侵害的法益之间具有包容性的关系;从外部来看,结果加重犯的构造则凸显想象竞合关系,即基本犯和加重犯在外观上属于想象竞合犯的范畴。

On the Structural Mode of Aggregated Consequential Offense

Looking from the internal structure,we can see the basic structural mode of aggregated consequential offense belongs to parallel crime from the subjective stand,that is,criminal intent is directed to essential offense and criminal negligence is directed to aggregated offense.The two kinds of offense are relatively independent to each other.From the objective stand,the structural mode of aggregated consequential offense tends to have gradient qualitative change,that is,the interests infringed by essential offense and the interests infringed by aggregated offense are inclusive to each other.Looking form the external structure,we can see the structural mode of aggregated consequential offense tends to be concurrent,that is,essential offense and aggregated offense belong to the scope of imaginative concurrent crime.