论打击错误之处理原则——具体符合说之提倡

作为处理事实错误是否阻却故意的理论,具体符合说与法定符合说在打击错误的场合,争论最为激烈。无论是处理结论还是故意理念,具体符合说都更为合理。采用具体符合说并不会导致罪刑不均衡,以错误发生时间的不同为标准可以将对象错误与打击错误区分开。

The Theory of Dealing with Method Mistake——The rationality of specific compliance

As the theory of dealing with a mistake of fact negating the defendant’s intention,the debate between the specific compliance and the statutory compliance is extremely fierce.The author holds that the conclusion and analysis method of specific compliance are more reasonable.In addition,the theory of specific compliance will not lead to imbalance in the field of crime and punishment.We can distinguish object mistake and method mistake with the standard of mistakes occur at different times.