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关于犯罪中止,刑法理论界已基本形成共识,但由于司法实践中遇到的具体问题错综复杂,办案人员在认识上也各存己见,在具体运用上仍有一定距离。根据司法实践,笔者认为当前要注意把握好运用中的几个问题。一、对中止的处罚问题对中止犯的处罚,目前大多数国家采取折衷的原则,在罪刑相适应的原则下体现宽严相济的政策。中止犯是故意犯,无论是主观上还是客观上都具有社会危害或已经在中止前造成了一定社会危害,已具备处罚的必要性。但中止犯自动放弃犯罪或自动有效地防止犯罪结果的发生,其主观恶性和人身危险性大大降低,而且危害也减少到最小限度,应该给予鼓励,因此我国《刑法》明确规定对中止犯
With regard to the suspension of criminal law, the criminal law theory circle has basically reached a consensus. However, as the specific problems encountered in judicial practice are complicated, investigators also have their own opinions on the understanding and there is still some distance in the concrete application. According to the judicial practice, I believe that the current should pay attention to grasp the use of several issues. I. Penalties for Suspension of Penalties Suspended Penalties Most countries currently adopt the principle of compromise and embody the policy of combining leniency and strictcy under the principle of meeting the crime and penalty requirements. Suspension of a guilty conscientious offense, both subjectively and objectively, have social harm or have caused a certain social harm before the suspension, and have the necessary punishment. However, if the criminal suspend guilty of automatically giving up the crime or automatically and effectively preventing the criminal result, its subjective viciousness and personal danger are greatly reduced, and the harm is reduced to a minimum, which should be encouraged. Therefore, China’s “Criminal Law”