摘要
传统罪过理论所坚持的"一个罪名、一种罪过"原则,不能合理地解释滥用职权罪等犯罪的罪过形式,"客观的超过要素"、"复合罪过"、"主要罪过"等学说也存在诸多理论缺陷和实践困惑。罪过形式包括简单罪过与复杂罪过,"并存罪过"是复杂罪过的一种表现形式,即一个犯罪的基本罪过或者加重罪过存在着既可以是故意、也可以是过失的情形。犯罪可以根据其基本罪过形态分为故意犯罪、过失犯罪和并存罪过犯罪三类。当一个犯罪的加重罪过属于"并存罪过"时,则应根据基本罪过来确定该罪的罪过类型。
The principle of ＂one crime, only one kind of responsibility＂ supported by traditional theory on criminal re- sponsibility cannot properly explain the responsibility form of some crimes, such as the offense of abuse of official authority. The new concepts put forward by some criminal scholars, such as ＂primary guilty mind＂, ＂objective elements without re- sponsibility＂ and ＂compound fault＂ have also some inherent theory limitations and practical puzzlement. The form of re- sponsibility includes the simple responsibility and the complicated responsibility, and the concurrent responsibility is one form of the latter, which means the basic responsibility or the aggravated responsibility of a crime can be intentional as well as negligent. If the aggravated responsibility is concurrent with intention and negligence, the crime could be regarded as in- tentional crime or negligent crime according to the basic responsibility.
出处
《法律科学（西北政法大学学报）》
CSSCI
北大核心
2015年第1期110-118,共9页
Science of Law：Journal of Northwest University of Political Science and Law
基金
国家社科基金项目(10XFX024):中国刑法贯彻国际刑事公约研究
关键词
并存罪过
滥用职权罪
复杂罪过
基本罪过
加重罪过
concurrent responsibility
offense of abuse of official capacity
complicated responsibility
basic responsi-bility
aggravated responsibility
