第三部分,受贿罪的犯罪既遂标准。
行为犯的既遂,也应坚持这一标准。
犯罪直接目的的实现是犯罪既遂与否的判断标准。
Accomplishment of crime means that direct purpose of crime becomes true.
保险诈骗罪属结果犯,因此它存在既遂和未遂形态。
The crime of insurance defrauding belongs to the result crime, so it has accomplished and attempted forms.
中止犯与既遂犯的竞合是两种不同犯罪形态的重叠。
It is overlap of two different offence forms that on the Concurrence between the discontinuation of an offence and accomplished offence.
危险犯既遂标准的确定是危险犯停止形态研究的核心。
The standard of accomplished offences is the core of the suspended state of perilous crimes.
危险犯是犯罪既遂的类型之一,这本是学界通行的见解。
It is a general viewpoint in academy that dangerous offence is a kind of accomplished offence.
危险犯是既遂犯的通说观点存在诸多缺陷,因而不可取。
The prevailing saying that a dangerous crime is necessarily an accomplished one is full of defects and thus is unacceptable.
同时盗窃罪的故意和盗窃数额对本罪既遂也具有修正意义。
Likewise, the intention of the theft and the theft amount has amendatory significance.
论文第三章,抢劫罪既遂未遂形态的区分标准及具体认定。
The third part discusses the standard and the ways to distinguish between the uncommitted robbery and committed robbery.
犯罪既遂标准存在构成要件说、结果说、目的说三种理论。
There are three theories about the standard of accomplished crime: the theory of criminal purpose, the theory of criminal consequence and the theory of criminal constitution.
危险状态是危险犯既遂形态的构成要件而不是危险犯的成立要件。
When there exists the dangerous state, even if the actor takes the positive measures to remove the dangerous state, there is also the accomplished form of dangerous offences.
一直以来,学界对盗窃罪既遂与未遂标准的讨论是热烈而富有成果的。
All along, the discuss on the criteria for attempted and accomplished theft has always been hot and fruitful.
笔者认为:区分该罪的既遂与未遂应从行为对法益的侵犯程度上来把握。
In my opinion: the distinction between crimes should be accomplished with the attempted ACTS against the interests of law violations extent grasp.
犯罪既遂是犯罪的一种基本形态,学界关于犯罪既遂的标准存在着争论。
The accomplished offence is a basic form of a crime. There is controversy on the standard of crime completion in theoretical circles.
对向犯的既遂及未遂问题应深入研究,有些对向犯的既遂存在特殊问题。
The accomplishment and attempt of the symmetrical crime should be thoroughly studied, the accomplishment of some symmetrical crime exists special issues.
本文主要论述了刑法中的转化型抢劫罪的适用条件及既遂与未遂的标准问题。
This thesis illustrates the applicable prerequisite of the transformed robbery and the standard in the measurement of penalty between completed and aborted robbery in criminal laws.
无论是收受贿赂还是索取贿赂,均应以是否得到了贿赂作为既遂与未遂的标准。
Whether bribes are obtained or not should be regarded as a standard to differentiate accomplished offense from criminal attempt regardless of accepting bribes or extorting bribes.
在本罪备受争议的诸多疑难问题中,盗窃罪既遂与未遂问题无疑是焦点之所在。
Among many controversial and difficult problems of this crime, attempted and accomplished theft is undoubtedly the focus.
紧接着,分析了犯罪既遂的存在范围,即认为犯罪既遂只存在于直接故意犯罪中。
Then, analyze the behavioral offense of existence scope , then think the behavioral offense exist only in crime directly and intentionally .
绑架罪的既遂标准问题实质就是对于绑架罪的客观行为要件与客体要件的判断问题。
The essential matter of the standard of accomplishment of the crime kidnapping is the judgment of objective behavior element and the object element.
探讨犯罪构成与犯罪未完成形态的关系,有利于我们获致正确合理的犯罪既遂标准。
It benefits to us to obtain the correct and reasonable standard of accomplishment of crime, just discussing the relations of constitutions of crime and unaccomplished crime.
盗窃罪既遂形态的认定是司法实践中最为复杂的问题,对此形态的准确把握极为艰难。
The identification of the accomplished offense's formation of the crime of theft is the most complicated question in the judicial practice, because it is very hard to grasp its formation exactly.
本罪存在未遂问题,登陆到法定的有关计算机信息系统为本罪未遂与既遂的区分标准。
There is attempt in the crime, and landing at the legal relevant computer information system is the distinguishing criterion of the attempt and accomplishment of the crime.
作为故意犯罪,牵连犯也有犯罪既遂、犯罪预备、犯罪未遂和犯罪中止多种犯罪停止形态。
As an intentional crime, Implicated Offense also has some suspending forms, like Accomplished crime, Preparation for crime, Criminal Attempt, and Discontinuation of crime.
对同一构成要件内的错误,应该依照法定符合说的观点,按照各行为人预谋犯罪的既遂处理。
When the error is taken in the same constitution of a crime, the offenders should be sentenced as accomplishment of a crime premeditated according to the view of accordance in law.
如果在犯罪(重罪)过程(既遂未遂)中有人死亡,负有该重罪刑责的罪犯可被诉以谋杀罪名。
Rule of Law that holds that if a killing occurs during the commission or attempted commission of a felony (a major crime), the person or persons responsible for the felony can be charged with murder.
盗窃罪既遂与未遂的科学区分标准是是否具备犯罪构成要件,而不能采取单一学说理论为标准。
Accomplishment and attempted theft of scientific criteria for the distinction is whether there is constitutive elements of crime, not to the standard theory of a single theory.
盗窃罪的既遂标准与盗窃行为的对象、盗窃行为的手段、盗窃行为时的环境及条件均有密切关系。
The accomplished offense's standard of the crime of theft has close relations with the objectives of the theft, the means of the theft, the environment and condition of the theft.
盗窃罪的既遂标准与盗窃行为的对象、盗窃行为的手段、盗窃行为时的环境及条件均有密切关系。
The accomplished offense's standard of the crime of theft has close relations with the objectives of the theft, the means of the theft, the environment and condition of the theft.
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