Most of the previous views believe that the essential characteristic of the continuing offense lies in the"simultaneous continuation of the act and the wrongful state",but whether the continuing act is understood as an act,an omission,or a pro-posed act of commission,it does not fit the basic connotation of the behaviorist principle.The purpose of this article is to show that the essential attribute of the continuing offense lies in the continuation of the result,and the key to distinguish it from the state offense is that the two different views of result in criminal law:the former refers to the crime in which the temporal renewal of the same state of legal interest infringement is the constituent result,while the latter refers to the crime in which the qualitative course of change of the state of legal interest is the constituent result.For this reason,the judgment of possession crimes,which have been classified as continuing offenses,needs to be re-examined.In order to avoid undue"ideological punishment,"the term possession should not be translated into general terms such as act or omission,nor should"state responsibility"be excep-tionally affirmed in the field of possession crimes.
万方数据
维普
