论确定的一罪中的复合行为犯罪

根据犯罪客观方面所表现出的行为可以将确定的一罪分为单一行为犯罪和复合行为犯罪,根据复合行为犯罪的概念,可以归纳出复合行为犯罪的四个特征。以复合行为犯罪中两个以上行为的地位、相互关系和法律的规定为标准,可以将复合行为犯罪分为并列的复合行为犯罪、必要的复合行为犯罪和任意的复合行为犯罪三种情形。我们可以在概括提出并列复合行为犯罪和必要复合行为犯罪的定罪与处罚的一般原则后,来着重分析目前在认定任意复合行为犯罪未遂与既遂、中止和共同犯罪问题上的难点、分歧及矛盾,并在此基础上提出处理这些问题的原则和理由。

Talk about a Compound Behavior Crime Within an Offense of the Assurance

According to the criminal behavior that objective aspect expresses, we can divided an offense of the assurance into the one behavior crime and compound behavior crime. According to the concept of compound behavior crime, we can induce four characteristics of a compound behavior crime. Using the position, correlation and code of laws of more than two behaviors of compound behavior crime as the standard, we can divide compound behavior crime into three kinds of situation: the juxtaposed compound behavior crime, necessary compound behavior crime and arbitrarily compound behavior crime . After generalizing to put forward the juxtaposed compound behavior crime and necessary compound behavior crime of sentence and punish of general principle, we can emphasize to analize currently in affirming that the arbitrarily compound behavior crime is uncompleted with since hence, at a stop and common crime problem of a little bit difficult, rift and antinomy, and put forward the principle and the reason that handles these problems on this foundation.