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我国传统刑法理论认为,结果加重犯的构造是基本犯+加重结果。但是,随着刑事立法中危险犯、特别是抽象危险犯的出现,对结果加重犯的理解也应相应扩展,即结果加重犯呈现出了“新常态”——传统的结果加重犯+特别的结果加重犯,后者的产生是刑法教义学和刑事立法良性互动的结果,其典型例证体现在危险驾驶罪与交通肇事罪之关系中。因此,在行为人的行为“同时”符合基本罪名和加重罪名的构成要件的场合,对该行为应依照加重罪名论处,而并无数罪并罚之余地。
According to the traditional theory of criminal law in our country, the structure of the aggravating result of the result is the basic offense + aggravating the result. However, with the advent of dangerous criminals in criminal legislation, especially abstract dangerous criminals, the understanding of the aggravated offenders should be expanded accordingly. That is to say, the aggravated offender shows a “new normal” - the result of the traditional aggravating offense + The special result aggravates the crime. The latter is the result of the benign interaction between the teaching of criminal law and the criminal legislation. Its typical example is reflected in the relationship between dangerous driving offense and traffic accident crime. Therefore, where the conduct of the perpetrator “concomitantly ” conforms to the basic charges and aggravates the constitutional elements of the charges, the act should be based on the aggravation of the charges and there is no room for any criminal misconduct.