共犯若干问题探析

Analyze Certain Questions of Accomplice

在共同犯罪中,共犯的行为在共同故意的支配下,组成一个有机联系的整体,所造成的社会危害一般要大于单人犯罪,而且所涉及的理论问题也比单人犯罪更加复杂,尤其是共犯的犯罪形态、实行过限及共犯的身份等问题,有时很难判断,因此,应当根据刑事立法,来认定共犯的各种不同情况,以便正确定罪量刑。

In the common crime, accomplice＇s behavior under the intentionally control, composes an organic relation together the whole, the society harms they bring about must be bigger than the single crime, moreover involves theory question also compared to single crime more complex, accomplice＇s crime shape, implements in particular as limited and accomplice＇s question and so on status, sometimes is very difficult to judge, therefore, must act according to the criminal legislation, recognizes accomplice＇s different kinds of situation in order to correctly determine guilt the discretion of punishment.