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我国刑法规定了依间接结果处罚行为人的具体犯罪。在这些犯罪中,行为人的实行行为并未直接作用于特定的行为对象。由于间接结果部分地处于客观处罚条件的范围内,行为人对其有认识可能性,即间接结果的出现并未超出行为人的认识范围,因此依间接结果处罚行为人符合责任原则的要求。作为刑罚扩张事由的间接结果在我国刑法体系中仍处于尴尬状态的原因在于对其缺乏明确和适当的定位。对其仅以责任原则予以限制是不够的,应从转处第三人方面考虑将具有间接结果的犯罪转化为情节犯,从行为活动的情节本身来确定可罚性的基础,实现对此类犯罪的立法规制。
The Criminal Law of our country stipulates the specific crime of punishing the perpetrator according to the indirect result. In these crimes, the behavior of the perpetrator does not act directly on the particular subject. Because the indirect result is partly within the scope of the objective punishment, the perpetrator has the possibility of knowing that the indirect result does not go beyond the perpetrator’s awareness, and therefore indirectly punishes the perpetrator in line with the principle of responsibility. The reason why the indirect result, which is the cause of the expansion of penalties, is still in an awkward position in the criminal law system of our country lies in its lack of a clear and proper orientation. It is not enough to restrict them based solely on the principle of responsibility. It should be considered from the point of view of the third party in transition to turn a crime with an indirect result into a crime of plot, to determine the basis of penalty from the plot of the act of conduct, Legislation.