对其他利益的重大威胁,作为刑法中实质性损害的标准

Jurijs Lomonovskis
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引用次数: 0

摘要

“对其他利益的重大威胁作为刑法上实质损害的标准”一文的目的在于考察刑法上“实质损害”概念的理解问题;分析实践中是否正确理解实质损害的“对其他利益的重大威胁”成分。对概念理解的缺乏决定了文章的话题性。为了达到本文的目标,解决了以下任务:1。考察“实质损害”法律框架的历史发展;2. 认识刑法中实质性损害的类型;3.法院实践与基本法律学说的比较;4. 从基本刑事犯罪和定性刑事犯罪的角度对“对其他利益的重大威胁”概念的内涵进行阐述。全文共分绪论、其他受法律保护利益的概念理解、其他受法律保护利益与刑事犯罪直接客体的联系、其他受法律保护利益作为资格属性的威胁、结语五个部分。文章的新颖性与刑法中实质性损害问题的研究不足有关。本文的结论是法院实践不符合法律学说的基本原则。在文章的结语部分,笔者对刑事犯罪的基本构成提出了命题:实质损害利益是指刑事犯罪的直接客体利益;以及立法者特别指定的附加对象中包含的那些。对于限定犯罪构成中的利益认定问题,本文作者表达了以下观点http://dx.doi.org/10.17770/acj.v4i85.3673:实质性损害作为限定犯罪构成的特征,表明存在附加犯罪客体的威胁。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A SIGNIFICANT THREAT TO OTHER INTERESTS AS A CRITERION FOR SUBSTANTIAL HARM AT CRIMINAL LAW
The aim of the article “A significant threat to other interests as a criterion for substantial harm at criminal law” is to examine the problems of understanding the concept of “substantial harm” in criminal law; to analyse whether the “significant threat to other interests” component of substantial harm is properly understood in practice. The lack of understanding of the concept determines the topicality of the article. To reach the goal of the article, such tasks are solved: 1. to consider the historical development of a law framework of “substantial harm”; 2. to get acquainted with the types of substantial harm in criminal law; 3. to compare the court practice with the basic legal doctrine; 4. to make a statement about the content of the concept of “significant threat to other interests” both in the framework of basic and qualifying criminal offenses. The article consists of 5 parts: introduction, understanding concept of other interests protected by law, connection of other interests protected by law with the direct object of the criminal offense, threat of other interests protected by law as qualifying attribute, conclusions. The novelty of the article is related to the lack of research into substantial harm problems in criminal law. The conclusions of the article are about court practice does not correspond to the basic of legal doctrine. In the conclusion of the article, the author expresses the thesis for basic composition of criminal offense: substantially harmed interests are those in the direct object of the criminal offense; as well as those included in additional objects, if specifically designated by the legislator. Regarding the determination of interests in qualifying composition of a criminal offense, the author of the article expresses the following http://dx.doi.org/10.17770/acj.v4i85.3673 thesis: substantial harm as a characteristic of the composition of a qualified criminal offense indicates the threat of an additional object of a criminal offense.
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