结果加重犯的共同犯罪问题

On Joint Crime Committed by the Criminals with Serious Results and Severe Punishment

共同犯罪的问题一直是刑法理论界研究的重点和难点。结果加重犯是指行为人的一个犯罪行为在已经满足一个基本犯罪的全部构成要件的基础上,又发生了更为严重的结果,因而法律规定加重其刑的犯罪形态。我国刑法关于结果加重犯的共同犯罪问题的理论研究上众说纷纭、莫衷一是。不能成立结果加重犯的共同犯罪并不意味着共犯人对重的结果免责。

The problem of the joint crime is always the most difficult and most important problem in the penal code. The criminal with serious results and punishments refers to the criminal illegal act which is suitable for the elements constituting a basic illegal act has caused the serious behaviors, and the severe punishments are given to them according to the criminal laws. There are many arguments about the joint crime, while the uncertain criminals with serious results who committed the joint crime can not be free of the punishment.