Results Guilty Of Concept Study

Erfolgsdelikte is one of the basic criminology theory, whose concept and relationship with the relevant types of crime are more controversial. Because of the differences on theoretical system particular crime constitution theory and related theory terminology, there is confusion between Chinese and foreign criminology in a certain degree. The article attempts to integrate into the "context of understanding", introduce the basic principles of philosophy, insist the comparative research methods, and make great efforts to explore the essence of Erfolgsdelikte.The article contracts introduction and three main parts: Introduction introduces the research status of Erfolgsdelikte, the selection of subjects for papers and innovations.Part one, discussion result theory in Chinese and foreign criminology. Result in criminology refers to the actual damage and real danger facts on Rechtsgut by endanger behavior acting on the subject or material expression of Rechtsgut, which is the unification of formally significant result and essencially significant result. The former is resulted by behavior acting on crime target, showing as the external and objective fact that can be known; the latter is resulted by behavior acting on crime object, showing as infringement or danger of infringement on Rechtsgut. Result has characteristics such as causality, feasibility (or objective reality), variety and Rechtsgut infringement, including hurt result and dangerous result, the former can be divided into materiality hurt result and non-materiality hurt result, the latter can be divided into konkrete Gefahrlichkeit and abstrakte Gefahr.Part two, elaboration of connotation and characteristics of Erfolgsdelikte. Erfolgsdelikte in civil legal system means crime that act and result are both stipulated in criminal law, while in Chinese criminology, it refers to crime whose symbol of establishment is occurrence of result. Therefore,the former is in the degree of crime establishment and Vollendung, the latter is in the degree of crime establishment. Major results of Erfolgsdelikte are constitutive result, thus all crimes that constitutive result is stipulated in criminal law are Erfolgsdelikte; few results are not be stipulated in criminal law, then these Erfolgsdeliktes should be explained by substantive Verbrechenslehre.