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在我国的刑法中,第254条规定的报复陷害罪与第243条规定的诬告陷害罪对国家机关活动的有序进行以及社会安定起着积极作用。但由于两者同源于陷害的历史渊源,在司法实践活动过程中极容易产生混淆,不利于维护公民的人身权利和民主权利。因此,两罪的界限应当正确加以区分,主要的从犯罪的主客体、犯罪的主客观方面以及犯罪的行为表现与内容等加以辨别区分。对两罪构成界限的准确把握,不仅有利于司法机关正常有序的开展工作,而且对我国法学的理论研究也有着深远影响。
In China’s criminal law, the crime of retaliation and conspiracy provided for in Article 254 and the crime of false accusation provided for in Article 243 play an active role in the orderly conduct of the activities of state organs and social stability. However, since the two originated from the historical origins of fraudulence, it is very likely to cause confusion in the process of judicial practice, which is not conducive to safeguarding the personal rights and democratic rights of citizens. Therefore, the distinction between the two crimes should be correctly distinguished, the main subject and object of crime, the subjective and objective aspects of crime as well as the behavior and content of criminal behavior to be distinguished. Accurate grasping of the boundaries between the two crimes not only helps normal and orderly work of the judiciary, but also has a far-reaching impact on the theoretical study of our jurisprudence.