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刑法中的行为概念是刑法的基础性概念,贯穿于刑法与犯罪的始终,随着社会的进步,犯罪名目的日益繁多,刑事立法也逐步的发展,行为的外延不断地扩大,有些学者认为行为已经不能作为最基础概念存在于刑法中了,也有的学者提出了替代性的概念来取代行为概念。那么行为概念应如何认定,又如何适应日益发展的社会形势,这是值得我们思考的问题。
The concept of behavior in criminal law is the basic concept of criminal law, which runs through criminal law and crime. With the progress of society, the criminal purpose is more and more numerous, the criminal legislation is also gradually developed, and the extension of behavior is constantly expanding. Some scholars think that behavior Can not exist as the most basic concept in the criminal law, and some scholars have proposed alternative concepts to replace the concept of behavior. So how to identify the concept of behavior and how to adapt to the growing social situation, which is worth our consideration.