论主客观相统一原则在犯罪论中的贯彻——兼论丢失枪支不报罪的犯罪构成

主客观相统一原则要求犯罪成立要符合主观要件与客观要件之间的统一。但是,当成立犯罪要求发生实质性的危害结果时,就出现了贯彻该原则难以解决的理论难题。对于"丢失枪支不报罪"等以发生严重后果为构成要件的犯罪情形,实践中所犯的普遍性错误就在于割裂了行为结果与行为性质的联系,将行为人对一般违法性质的认识因素当做对刑法的严重危害性质的认识予以评价,从而得出行为人行为时出于故意的错误结论。因此,《刑法》将没有必然联系的"不报告行为"与"严重结果"规定为丢失枪支不报罪的客观要件,忽视了丢失枪支行为才是严重后果发生的真正原因。为此建议将该罪罪名改为"丢失枪支罪",以使该原则在犯罪论领域得到贯彻。

On Implementing the Principle of Correspondence between Subjectivity and Objectivity in Theory of Crime：Also on the Constitution of a Crime of Losing the Firearms without Reporting the Crime

The Principle of Correspondence between subjectivity and objectivity requires that the establishment of a crime should accord with the correspondence between the subjective elements and the objective elements.However,when the crime of establishing needs the substantiality harmful consequences to be happened,a theory problem which is difficult and hard to solve would appear during implementing such principle.For this purpose,this article would go on the analysis from the cognition factors of purposive "know perfectly well",combining the case of "losing the firearms without reporting the crime" and some other cases which also take the severe consequences happened as the situations of committing a crime of constitution elements,thinking that the universality mistakes which are made during the practice are because the relationship between the result of action and the nature of action is cut apart,it has taken the doer’s cognition factors towards the nature of general irregularity as the cognition of severe harmful nature of criminal law and gives estimates,thus reaching the wrong conclusion that the action of the doer is purposive.Therefore,the criminal law prescribes that "action without reporting" and "severe consequences" which lack of positive connection should be the objective elements of "losing the firearms without reporting the crime",which ignores the real reason of happening the severe consequences is the action of losing the firearms.For this purpose,the article suggests that the crime should be changed as "the crime of losing the firearms",which would make the principle performed in the field of Criminal Theory.