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我国刑法中大量存在数额犯,涉及40多个条文,涵盖50多个罪名。根据数额在犯罪构成要件中的作用,数额犯划分为数额基本犯和数额加重犯。其中,数额加重犯在犯罪形态上存在未遂形态,包括经济价值型数额加重犯未遂、多次型数额加重犯未遂、人数型数额加重犯未遂、累计型数额加重犯未遂等类型。本文在厘清数额加重犯未遂之理论学说的基础上,探讨各类型中数额加重犯未遂的认定问题,进而讨论数额加重犯在犯罪的不同阶段中刑罚适用问题。
There are a large number of criminals in criminal law in our country, involving over 40 articles covering more than 50 counts. According to the role of the amount in the elements of the crime, the amount is divided into the amount of basic crime and the amount of aggravated crime. Among them, the amount of aggravating crime in the form of attempted crime, including the unsuccessful attempt to aggravate the economic value, the number of repeated aggravating attempts, the number of people aggravated attempts, the cumulative amount of aggravating types of attempted aggravating. On the basis of clarifying the theory of attempted aggravating crime, this article explores the problem of attempting to identify an aggravating offense in various types, and then discusses the application of penalty in different stages of crime.