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刑法分则规定的危险犯属于既遂犯,是我国刑法理论通说,但有人认为该说不利于鼓励中止犯罪,从而认为危险犯结果发生之前都可成立犯罪中止。本文从立法者的角度,肯定了刑法分则以犯罪既遂为标准的观点,从而得出危险犯属既遂犯,其具有不同的犯罪形态,既遂后不能成立中止但应区别对待。
The dangerous criminals stipulated in the Criminal Law Provisions belong to the accomplice of criminal convictions, which is a theory of criminal law in our country. However, some people think that this is not conducive to encouraging the suspension of criminals so that criminal suspects can be established before the consequences of dangerous criminals occur. From the viewpoint of legislator, this article affirms the view that criminal law is the standard of accomplice after crime, so as to draw the conclusion that dangerous criminals are accomplices, they have different criminal patterns, and should not be established after they are completed but should be treated differently.