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关于犯罪实行行为危险性的判断问题,历来争议颇大,相继有纯粹的主观说、抽象的危险说、具体的危险说以及客观的危险说、修正的客观危险说等对这一问题进行讨论。本文在深入研究各学说的基础上,从判断资料的选取、判断时点的选取以及判断基准的选取三个方面出发,就如何判断犯罪实行行为的危险性提出自己的见解。
There has always been a great deal of controversy over the judgments on the dangers of committing acts of crime, which have been followed by purely subjective and abstract dangers. The specific dangers and the objective dangers, the objective danger of revision, and so on are discussed in this issue. On the basis of deeply studying the various theories, this article starts from three aspects: judging the selection of data, selecting the judging time and selecting the judging criteria, and puts forward my own opinions on how to judge the danger of the crime.