浅析犯罪中止与犯罪未遂的界限

Analysis of the Boundary between Crime Suspension and Crime Attempt

摘要: 故意犯罪停止形态一直是刑法学界重点研究的问题，而其中最为重要的就是犯罪中止与犯罪未遂，以及它们之间的界限，即放弃犯罪的原因。犯罪中止是行为人出于本人意志自动放弃犯罪，犯罪未遂是出于行为人意志以外的原因导致犯罪未得逞。本文从四个部分进行论述：一是犯罪中止与犯罪未遂的概述，主要论述犯罪中止以及犯罪未遂的概念特征；二是犯罪中止自动性的认定标准，主要论述学界几个主要学说以及本人立场；三是论述犯罪中止的彻底性标准；四是论述犯罪中止与犯罪未遂的界限。

Abstract: The stop forms of intentional crimes have always been a key research topic in the field of criminal law, among which the most important ones are crime cessation and crime attempt, as well as the boundary between them, namely the reasons for giving up the crime. Crime cessation refers to the act of voluntarily giving up a crime by the perpetrator based on his own will, while crime attempt is when the crime fails due to reasons beyond the perpetrator’s will. This article is divided into four parts: the first part provides an overview of crime cessation and crime attempt, mainly discussing the concepts and characteristics of crime cessation and crime attempt; the second part discusses the criteria for determining the automaticity of crime cessation, mainly covering several major theories in the academic circle and the author’s position; the third part discusses the criteria for the thoroughness of crime cessation; the fourth part discusses the boundary between crime cessation and crime attempt.