我国罪数理论之基本问题研究

我国的罪数理论对大陆法系理论中的行为说、犯意说、法益说、构成要件说所进行的评判存在重大误读;在罪数的判断标准上没有很好地坚持犯罪构成说;对一罪类型所做的划分存在不少问题,突出表现为对犯罪构成类型和犯罪构成要素复杂性缺乏应有的思考,我们应当将一罪划分为单纯一罪与复杂一罪;将继续犯、集合犯、吸收犯、结合犯纳入其中不符合罪数论的研究宗旨.

The Basic Problems of Chinese Theory of Quantity of Offence

Our theory of quantity of offence misunderstands the doctrine of criminal behavior, doctrine of criminal intent and doctrine of legal interests and constitutive requirement doctrine in continental law system theory. The theory does not insist on standards of constitutive requirement doctrine to judge the quantity of offence. The theory has some problems in the classification of one crime. Above of all, it is apparent that we have not further probed into the classification of constitution of crime and complicated component. It is correct to divide one crime into simple crime and complicated crime. Chinese theory of quantity of offence includes the continuous crime, collective crime, inclusive crime and combinative crime, which is not in conformity with the study goal of the theory of quantity of offence.