准中止犯基本问题研究

“准中止犯”是由被害人的行为、第三人的行为、客观情况的介入或行为性质所致的一种犯罪停止形态。其主观特征表现为犯罪中止行为是基于行为人意志所为，其客观特征表现为行为人做出了真挚努力但其防止行为与犯罪既遂结果不发生之间没有因果关系。准中止犯是中止犯的一种特殊形态，刑法应该在相关的法条中对其明确规定。

Study on Basic Issues of Quasi-discontinued Crime

＂Quasi-discontinued Crime＂ is a kind of criminal cessation pattem, which is caused by behaviors of victims, behaviors of third party, interference from objective condition or characteristics of behaviors. Its subjective characteristic is that discontinuation of crime is decided by actor＇s will. Its objective characteristic is that there is no causality between actor＇s behavior, which is decided by actor＇s will, and un-occurred consummation of the crime. ＂Quasi Discontinuation of Crime＂ is a kind of special appearance of ＂Discontinuation of Crime＂. And it is worthy of clear stipulations in related legal statutes of Chinese Criminal Law.