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在我国刑法学罪数形态理论中,吸收犯的概念一直是我国罪数理论争议的热点之一。经过认真分析可以发现,各种学说纷争的实质在于不同学者对于我国吸收犯的独立生存空间的界定不同,而作为处断一罪的吸收犯却并无独立的空间可以生存,且其理论功能完全可以被其他概念如连续犯、牵连犯或同种数罪等替代或合理简化。因此,吸收犯应当并且可以废除。本文认为将吸收犯简化出我国的罪数形态理论可以平息有关吸收犯与相关理论的纷争,完善我国的罪数形态理论。
In the theory of the number of crimes of criminal law in our country, the concept of assailants has always been one of the hot issues in the theory of the number of crimes in our country. After a careful analysis, we can see that the essence of the various doctrinal disputes is that different scholars have different definitions of the independent living space for the assailants in our country. However, as the assaulting offender, there is no independent space to survive and its theoretical function is complete It can be replaced or reasonably simplified by other concepts such as continuous offenses, implicated offenses or siblings. Therefore, the assailant should and can be abolished. This paper argues that the absorption of criminals to simplify the theory of the form of the number of crimes in China can quell the dispute between the assailant and the related theory and improve the theory of the number of crimes in our country.