论我国刑法分则规范的完善--以总分则之关系的合理定位为切入点

以刑法总则与分则之关系的合理定位为切入点,我们不难发现:刑法分则的不少条文并不符合刑法总则"但书"的规定;刑法分则的不少条文不符合刑法总则第14条、第15条的规定;刑法分则的不少条文不符合刑法总则关于数罪并罚的规定.另外,刑法分则将预备行为、教唆行为、帮助行为纳入到分则规范之中;具体犯罪的法定刑以犯罪既遂为模式;刑法分则规定特别自首制度、累犯制度,所有这些都不符合刑法总则与分则之关系的合理定位.相应地,这些分则条文应予完善.

On the Perfection in the Specific Provisions of Criminal Law--In perspective of the reasoning relation between general provisions and specific provisions

In perspective of the reasoning relation between general provisions and specific provisions, we can find that a few articles in specific provisions do not correspond to the stipulation of proviso that a few articles in specific provisions do not correspond to the stipulation of article 14 and 15,that a few articles in specific provisions do not correspond to the stipulation in concurrent penalty for several crimes. In addition to it,preparation,intigator and assistance which are stipulated by the specific provisions, do not correspond to the reasoning relation between general provisions and specific provisions. Prescribed punishment which is based on accomplished crimes, do not correspond to the reasoning relation between general provisions and specific provisions. Specific voluntary surrender,recidivists which are stipulated by the specific provisions, do not correspond to the reasoning relation between general provisions and specific provisions. Accordingly, the related articles should be perfected.