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行为犯作为刑法学理论上的一种重要的犯罪分类,历来颇具争议。实践中有不少学者特别是非刑法学者存在着对行为犯的诸多误解,这些误解有些容易通过新闻事件或者法院的不恰当判决而使得广大民众产生误解,厘清行为犯的构成以及认定无论对刑法学理论界还是司法实践领域都意义重大。对行为犯的争议仍将继续,对行为犯的研究亦无止境。
As a kind of important crime classification in the theory of criminal law, behavior guilty is always controversial. Many scholars in practice, especially non-criminal law scholars, have many misunderstandings about conduct. Some of these misunderstandings are easily misunderstood by the general public through news events or improper judgments by courts, clarifying the composition of criminal acts and finding that both criminal law It is of great significance both in theory and in judicial practice. Disputes over conduct will continue, and research on behavior committed will continue indefinitely.