论英美刑法中的事态——兼论我国刑法中的持有型犯罪

英美刑法学界主流观点认为犯罪有时并不需要行为只要特定事态就可以构成,受其影响,我国刑法学界也开始反思事态形式之一———持有的行为性质,主要形成三种观点,但都有混淆作为与不作为之嫌。事态也是行为,但既不是作为也不是不作为,更非独立于作为和不作为的第三行为形态,事态特别是持有通常是作为但也可以是不作为,两者都只是事态的表现形式。

On the Situations in English-America Criminal Law

The majority of viewpoint in English-America criminal law thinks that behaviors sometimes are not prerequisite but specific situations may constitute crimes.Influenced by it,circles of our country's criminal law also has started to rethink of one of the forms of situations,the quality of possession,and three standpoints have been mainly formed which are likely to confuse conduction with non-conduction.Situations are also behaviors,but they are neither conductions nor non-conductions,and they are also not the third situations which are independent from conductions and non-conductions.Situations especially possessions can either be conductions or non-conductions,which are only expressing forms of situations.