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个人法益由作为静态权利存在与作为动态权利行使两部分组成。无论是侵犯了权利的动态行使,还是侵犯了权利的静态存在,都属于侵害法益,都具有违法性;同时侵害二者的,则具有更高的违法性。得承诺、受嘱托、教唆、帮助杀人都是只侵犯生命法益中的静态权利存在,无碍于动态权利行使,虽应处罚,但应比一般的故意杀人罪处罚更轻。在财产犯罪中,财产的动态行使及占有变动过程也是值得保护的法益。因承诺的程度与范围不同,即便是针对同一个法益,也会造成违法性高低与有无之别。财产犯罪的手段不同,表现出其侵害财产法益动态行使的方式、程度不同,从而在结果上具有不同程度的无价值。
The legal interest of the individual consists of existence as a static right and exercise as a dynamic right. No matter the dynamic exercise of infringing the rights or the static existence of violating the rights, all belong to infringement of legal interests and both have illegality. At the same time, the infringement of the two is more illegal. Obligations, exhortations, abetings, and help to kill are all static rights that infringe the lawful interests of life, without prejudice to the exercise of dynamic rights. Although they should be punished, they should be punished more than the penalty of general intentional homicide. In the property crime, the dynamic exercise of property and possession of the process of change is also worth protecting. Because of the extent and scope of commitments, even for the same interest, will also result in the level of illegality and whether the difference. The means of property crimes are different, showing that they have different ways of exercising dynamically against the legal interests of property, and thus have different degrees of worthlessness in the results.