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台湾地区刑法于2005年修改时在第27条第1项后加入“结果之不发生,非防止行为所致,而行为人已尽力为防止行为者,亦同”的规定,这被学界认为是台湾地区刑法关于准中止的规定。笔者从准中止的概念、成立条件、理论依据等方面入手,分析台湾地区刑法中的准中止规定,为大陆地区刑法引入准中止概念准备条件。
When the Criminal Law of Taiwan was amended in 2005, after the addition of Article 27, paragraph 1, "the result does not occur, it is not caused by the act, but the perpetrator has tried his best to prevent the actor, and this is regulated by the academic circles It is considered as a requirement of quasi-suspension in the criminal law in Taiwan. The author starts from the concept of quasi-suspend, the establishment conditions and the theoretical basis, analyzes the quasi-suspend provisions in the criminal law of Taiwan area and introduces the preconditions for quasi-suspense concept in the criminal law of the mainland area.