摘要
中止犯与既遂犯的竞合是两种不同犯罪形态的重叠。对中止犯与既遂犯竞合的处理,既不能违背中止犯应当从宽处理的立法精神,又不能违背罪责刑相适应原则轻纵犯罪分子,应区分二者在行为性质上的联系,同时贯彻罪责刑相适应原则,根据具体情形,分别对待。
It is overlap of two different offence forms that on the Concurrence between the discontinuation of an offence and accomplished offence. Different measures should be taken in different situations on the concurrence between the discontinuation of an offence and accomplished offence. We should carry out the proper principle and analyse the relationship between the discontinuation of an offence and accomplished offence. We should neither violate the legislative spirit of the discontinuation of an offence which should be leniently dealt with, nor the principle of Commensuration of Crime, Criminal Responsibility and Punishment.
出处
《商丘职业技术学院学报》
2007年第6期22-23,共2页
JOURNAL OF SHANGQIU POLYTECHNIC
关键词
中止犯
既遂犯
竞合
the discontinuation of an offence
accomplished offence
concurrence
