论文部分内容阅读
刑法第24条第2款规定中的“损害”在实质上是罪刑规范所阻止的事实,在表现形式上体现为两种:符合他罪构成要件且需要动用刑罚,符合本罪基本犯成立标准或既遂标准。现行立法打破了不同性质的中止犯之间应有的协调,完全不考虑主观恶性等因素对刑事责任承担的影响,应予摒弃。
The fact that “damage ” in the provisions of article 24, paragraph 2, of the Criminal Code is blocked by the norms of crimes and punishments manifests itself in two forms: those that are in conformity with the elements of his crime and require the use of penalties, and are in conformity with the basic offenses of this crime The establishment of standards or the completion of standards. The current legislation breaks the coordination between suspects of different nature and completely disregards the influence of subjective viciousness on the assumption of criminal responsibility and should be abandoned.