犯罪既遂若干问题研究

何为犯罪既遂,我国刑法没有直接予以规定,因此围绕什么是犯罪既遂及其标准问题就产生了多种理论主张。本人以为要廓清以上问题,需解决几个前提,即犯罪既遂与犯罪构成之间的关系,分则规定是否以既遂为模式,犯罪既遂存在于哪些罪过中。

Studies on Certain Problems of Accomplished Offense

What＇s the accomplished offense, the criminal law of our country has not stipulated directly, therefore revolved the accomplished offense and its standard has had many kinds of theory positions. I thought several premises must be solved in order to clean up the above questions, namely relations between the accomplished offense and the crime constitution, the stipulation in division part of the Criminal Law whether take the accomplished offense as the pattern, which crimes does the accomplished offense exist. This article elaborate individual viewpoint aiming at these issueses too.