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我国刑法中,绝大多数犯罪都可用作为的形式实施,而且许多只能以作为的方式实施。不作为犯是与作为犯相对应的另一种表现形式,但在我国刑法总则和分则中都没有对不作为犯罪作出明确规定,存在一定的立法缺陷,导致在我国刑法理论界和司法界,对不作为犯的相关问题的界定和处理出现了不同情形。因此有必要对我国不作为犯的立法现状进行分析,认识其在立法存在的缺陷,从而更好地对其进行完善,以弥补我国刑事立法的不足。
In our criminal law, the vast majority of crimes are available as forms of implementation, and many of them can only be implemented as acts. Incomplete abuses are another manifestation corresponding to abusiveness. However, there is no explicit stipulation in the General Provisions and Articles of Criminal Law of our country about criminal misconduct, which leads to the existence of certain legislative defects, which leads to the fact that in China’s criminal law theorists and the judiciary , There are different situations in the definition and handling of the related problems of inaction. Therefore, it is necessary to analyze the status quo of our country’s non-abusive legislation, to recognize its deficiencies in the legislation so as to better perfect it to make up for the lack of criminal legislation in our country.