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我国行为犯的概念是继承西方大陆法系把犯罪分为行为犯和结果犯两大类而产生的。虽然在大陆法系也有反对这种分类的声音,如德国著名学者李斯特曾经对结果犯与行为犯的区分表示反对。他认为,“任何一种犯罪均以某种结果为前提。在刑事不法中区分‘结果犯’和纯粹的不以结果为前提的‘行为犯’是不正确的。”但当时德国大多数学者并不同意这种观点,现在主张这种区分的意见仍然居于通说的地位。我国刑法理论也基本上认可了这一区分。但对行为犯的概念可谓五花八门。
The concept of behavior guilty in our country is inherited from the western civil law system which divides crime into behavior guilty and consequence guilty. Although there is opposition to this classification in the civil law system, for example, the famous German scholar Liszt once expressed opposition to the distinction between the result guilty and act guilty. In his opinion, “Any kind of crime presupposes a certain outcome, and it is not correct to distinguish between” criminal offenders “and pure” behavioral offenders “that are not outcome-based in criminal cases.” "At that time, Germany Most scholars disagree with this view, and the opinion that advocates this distinction is still living in the general position. China’s criminal law theory has basically approved this distinction. But the concept of behavior can be described as varied.