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从本然角度看,结果加重犯是结果责任的产物;从实然角度看,虽然近代刑法对结果加重犯要求行为人对重结果最低具有预见可能性,贯彻了责任主义原则。但是,仍然存在着刑罚过重、有违罪责刑相应原则之嫌,特别是在我国,结果加重犯的立法存在数量较多、形式特征不明显、加重结果的内容缺乏限定等缺陷。为此,必须在应然层面上,寻找出确立结果加重犯应遵循的若干原则,并在这些原则的指导下,厘清结果加重犯的范围。
From a natural point of view, the result aggravating offense is the product of the responsibility of result. From a practical point of view, although modern criminal law aggravates the result, it requires the perpetrator to foresee the possibility of the minimum outcome and implements the principle of responsibility. However, there are still many penalties and criminal suspicion of blame and punishment. Especially in our country, there are many defects such as the existence of a large number of aggravated offenders, the lack of obvious formal features and the limited content of the result. To this end, it is necessary to find out, on a proper level, certain principles that should be followed in establishing the result and aggravating the offense. Under the guidance of these principles, the scope of the aggravated offense should be clarified.