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危险性对刑法理论具有广泛而深远的影响,大至因果关系、客观归责、实行行为及罪过认定,小至实行的着手、危险犯的成立、阻却违法性事由中危险性的判断,均可见危险性的影响。究其原因,是危险性高低影响人们对行为的法益侵害性、社会危害性及应受刑罚处罚性的认识,进而影响理论之结论。一系列理论和实践表明,刑法学的思维进路,除了通常的从罪到刑之外,还有从刑到罪的进路。
The danger has extensive and far-reaching impact on the theory of criminal law, ranging from causality, objective imputation, conduct and criminal identification, small to practical implementation, the establishment of dangerous criminals and resistance to dangerous judgments in criminal matters The impact of danger. The reason is that the level of danger affects people’s legal rights and interests violations of behavior, social harm and should be punished by the penalty of punishment, thus affecting the conclusions of the theory. A series of theories and practices show that the way of thinking in criminal law study, in addition to the usual crime from punishment to punishment, there is also a way from sin to crime.