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结果加重犯的相关问题一直在刑法学理论界存在很大争议,且各国的刑法对于结果加重犯的规定也各不相同,同样的行为和结果,在此国家可能构成结果加重犯,而在彼国家就可能不构成结果加重犯。目前我国刑法学者们主要是从一罪的特殊形态的角度研究结果加重犯,而对于结果加重犯的具体问题的尚未深入研究。本文通过最广义、广义和狭义三类结果加重犯的范围入手,浅析了结果加重犯的概念,认为结果加重犯是指行为人实施了符合某种犯罪基本行为,发生了可归责于行为人的超过犯罪基本构成结果的加重结果,而刑法对该加重结果规定了更重的法定刑的犯罪状态。
As a result, the related problems of aggravating crimes have been very controversial in the theoretical circle of criminal law jurisprudence. And the criminal law of each country has different provisions on aggravating the result. The same behavior and result may aggravate the result in this country, The state may not aggravate the result. At present, criminal law scholars in our country mainly study aggravating crimes from the perspective of the special form of one crime, while the specific problems of aggravated crimes have not been studied in depth yet. This article starts with the scope of the aggravating offense of the three kinds of results in the widest sense, broad sense and narrow sense, and analyzes the concept of aggravating consequence of the result. The aggravating result of the result means that the perpetrator has implemented the basic behavior that conforms to certain crimes and the responsibility is blamed People over the basic composition of the results of the crime aggravating the result, and the criminal law on the aggravate the outcome of a heavier statutory criminal status.