论文部分内容阅读
对于打击错误的处理,刑法理论中有法定符合说与具体符合说的争论。司法实务中,在打击错误的处理上不应采取法定符合说,而应采取具体符合说。具体符合说不会导致处罚的漏洞,也能够给出合理区分对象错误与打击错误的判别基准,且其对同一构成要件内的对象错误与打击错误予以区别对待的做法具有合理性,再者具体符合说也不会导致罪刑不相适应。
For the handling of the wrong blow, there is a legal argument in the criminal law that conforms to the specific contention. In judicial practice, the legal compliance should not be adopted in the handling of mistakes, but the specific agreement should be adopted. Specific compliance with said that does not lead to the loopholes in the penalty can also be given a reasonable distinction between object error and combat error of the judgment criteria, and its objects within the same compositional errors and combat errors to be treated differently is reasonable, and more specific Concurrence will not lead to misconduct.