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依据结果无价值理论与宽严相济刑事政策,以犯罪后法益能否被恢复为标准,可将犯罪划分为事后可恢复性犯罪与事后不可恢复性犯罪。近年来,刑法在部分侵犯财产法益的犯罪中,已然出现了在承认犯罪行为既遂的前提下,附条件地规定无罪或者罪轻的事后恢复条款。在今后的立法中可将这类规定推广至法益具有可恢复性的类罪,以此规范此类行为的处理,推进事后恢复制度在刑法上的建立。
According to the results of non-value theory and the criminal policy of temper justice with mercy, the legal benefits can be recovered after crime as a standard crime can be divided into post-recoverable and post-incriminating crime. In recent years, the criminal law has already appeared in the crime of partially infringing upon the legal interests of property, and has provided conditions for the conditional postponement of reinstating the guilty conscientiousness or crime on the premise of recognizing that the criminal act has been completed. In the future legislation, such provisions can be extended to the category of recoverable class crimes, so as to regulate the handling of such acts and promote the establishment of the post-recovery system in criminal law.