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本文主要是探讨中国刑法理论中未遂犯的刑事责任根据,但是探讨某一理论就应寻根溯源,以获得深入理解。我国刑法理论对这一问题很大程度上受前苏联和德、日大陆法系刑法理论的影响,因此有必要对德、日大陆法系和前苏联就此问题的相关理论予以概述。进而,就当前我国刑法理论的通说和有力的学说进行辨析。
This article mainly discusses the basis of criminal liability of attempted crimes in the theory of criminal law in China, but to explore a certain theory we should find the root causes to get a deeper understanding. The theory of criminal law in our country is greatly affected by the criminal law theory of the former Soviet Union and the German and Japanese civil law systems. Therefore, it is necessary to summarize the relevant theories of the German and Japanese civil law systems and the former Soviet Union on this issue. Furthermore, this article analyzes the current theory and theory of criminal law in our country.