我国刑法理论上的牵连犯问题研究

牵连犯应是指犯罪人以实施某一犯罪为目的 ,而其犯罪方法或结果行为触犯其他罪名的犯罪。如何认定牵连犯数个独立的犯罪行为之间的牵连关系 ,存在不同观点 ,其中折衷说较为科学 ,即应从主客观两方面去分析、认定。无刑法规定性和不实行并罚性 ,应是牵连犯的本质特征。对于牵连犯与吸收犯、想象竞合犯、结合犯之间的异同 ,必须在理论上深入研究 ,并在刑事法律上加以完善。

Study on the Issue of Implicated Offense in the Theory of Criminal Law in China

Implicated offense is an offense in which an offender committed a crime as his aim,while the method used to commit the crime and the act of consequence contravene the other charges. There are different ideas about how to determine the implicative relationship between the several independent criminal acts of an implicated offender. Of the ideas, the theory of eclecticism is quite scientific. The theory means analysis and determination should be conducted from both subjective and objective aspects. That no penal provision and no enforcement of joinder of punishments are supposed to be the essence of implicated offense. As to the similarity and difference between implicated offense and inclusive offense, imaginative joinder of offense, and integrated offense, theoretical study should be further conducted, and criminal laws should be perfected.