不真正不作为犯在实践当中作为处罚已无疑义,但是处罚的依据是什么?既然其实现了规定作为的作为犯之构成要件,两者在存在论上的区别,何以在同一个犯罪构成内进行处罚,这些问题尽管能够通过刑法解释的方法来达到解决,可是毕竟与罪刑法定原则的明确性原则有所相悖,这些问题都是不作为犯罪研究中值得进一步研究的论题。 It is no doubt that a non-abusive offender is punishable in practice as a punishment, but what is the basis for the sanction? Since the realization of the elements of a guilty act as a stipulation, the two are in an ontological distinction why they are within the same criminal constitution Although these problems can be solved through the method of criminal law interpretation, after all, they are contrary to the principle of clarity of the principle of legality of crimes and punishments, which are all issues worthy of further study in the study of not serving as criminals.