不真正不作为犯中的正犯与共犯探析

Research on the Principal Offender and the Accomplice in the Non-genuine Omission

不作为犯的成立以行为者处于"保障人"地位为先决条件,以保障人地位为基准,分析因非保障人的不作为而引起的共犯可能性问题,进而对单一型、复合型不作为共犯中保障人行为的界定进行探讨,并提出不真正不作为犯中的正犯与共犯的区分标准。

The establishment of the omission takes the actor s "protected person" status as prerequisite,therefore the author uses the statue of protected person as the basis,analyses the possibility of accomplice caused by the omission of the non-protected people,then does some research on the definition of action of protected person in the single and the compound types of accomplice of omission and proposes the distinction standard between the principal offender and the accomplice in the non-genuine omission.