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台湾地区“最高法院”相关判决认为,以单一、概括目的同时或者先后反复多次贿选买票,在刑法评价上应为单数之构成要件行为,属于集合犯构成要件,论以集合犯一罪处罚。作者对该判决进行了辩驳,认为集合犯和接续犯不属于构成要件或其类型概念,而具有前构成要件性质。因为根本还没有开始构成要件判断,其处于构成要件适用的适格事实对象寻找阶段,应当依一般人的朴素感觉判断数个事实动作是否集合于一个举止,是判断的结论而不是标准。
Taiwan “Supreme Court ” related judgment, with a single, general purpose at the same time or repeatedly repeated bribes buying votes in the criminal law evaluation should be the singular constituent elements of crime, Punishment The author rebutted the verdict, believing that the aggrieved and succeeding prisoners did not belong to the constitutive elements or their type concepts but had the pre-constitutional element. Because there is no beginning to determine the constitutional requirements, it is in the stage of finding the suitable factual objects to which the constitutional requirements apply. It should be judged by the simple feeling of ordinary people whether a plurality of factual actions are aggregated in a single act, which is the conclusion of judgment rather than the standard.