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从内部来看,结果加重犯的基本构造模式在主观层面属于平行性罪过,即其中犯罪故意指向基本犯,犯罪过失指向加重犯,两种罪过相对独立。其客观层面又呈现出梯度质变关系,即在逻辑上看,基本犯所侵害的法益和加重犯所侵害的法益之间具有包容性的关系;从外部来看,结果加重犯的构造则凸显想象竞合关系,即基本犯和加重犯在外观上属于想象竞合犯的范畴。
From the internal point of view, the basic aggravating pattern of the result aggravating offense belongs to the crime of parallelism at the subjective level, in which the crime intentionally points to the basic crime and the crime negligence points to aggravating crime, both of which are relatively independent. And its objective level shows a qualitative and quantitative gradient relationship. In other words, there is an inclusive relationship between the legal interests infringed by the basic offenders and the legal interests infringed upon by the aggravating offenders. From the external point of view, the structure of aggravated offenses highlights the imagination The co-opetitive relationship, that is, the basic crimes and aggravating crimes, fall into the category of competing prisoners of the imagination in appearance.