情节犯基本问题研究

情节犯是指以刑法分则中明确规定的“情节严重（情节恶劣）”作为基本犯既遂形态犯罪构成的定量因素的犯罪。情节犯的情节属于定罪情节；情节的具备，表明行为的社会危害性已达到成立犯罪所需要的程度。法定情节的具备只是意味着情节犯的成立；至于是否成立既遂，尚需要看情节犯的其他要件是否全部具备。情节犯存在未遂形态。

A Study on the Basic Problems of the Crime with Circumstances

The crime with circumstances refers to the crime in which ＂gravity （flagrancy） of the circumstances＂ is the quantitative element of the constitution of the accomplished state of the fundamental offense. The circumstances in the crime with circumstances belong to the circumstances for adjudgment. The occurrence of the circumstances manifests the fact that the social harmfulness of the act is so serious as to constitute a crime. The occurrence of the statutory circumstances means the establishment of the crime with circumstances. As far as the accomplished state of the crime with circumstances is concerned, all the constitutive elements should be ready. The attempted state exists in the crime with circumstances.