转化犯之犯罪构成分析

转化犯是刑法理论中一个较为独特且尚有待深入研究的问题。借助犯罪构成理论研究认为 ,转化犯 ,指在行为人实施的已构成某一故意犯罪 (本罪 )的基本行为的同时或者非法状态持续过程中 ,由于特定行为或结果的出现 ,使基本行为与特定行为或结果的结合该当另一较重的故意犯罪 (转化罪 )的构成要件 ,依法律规定以转化罪定罪处罚的犯罪形态。

An Analysis on Transforming Crime by the Theory of Criminal Construction

Committing a transformed crime is a relatively particular problem which needs to be studied further in criminal theory. With reference to the criminal constitution theory, committing a transformed crime refers to what an executor conducts has constituted the basic act of a certain deliberate crime (primary crime), or during the continuous processes of illegal situation, with the emergence of some special act or result, the combination of basic act and special act or result changes to become one of the major constitutional factors for a relatively serious deliberate crime (transformed crime), and it is a criminal pattern that should be convicted and punished by transformed crime according to criminal law.