帮助犯比较研究

Comparative Studies on Accessory Offender

由于刑法理论的较大差异,各国刑法在帮助犯问题上也存在着较大不同。在大陆法系国家中,帮助犯和从犯是等同关系;在英美法系,从犯和帮助犯是包容关系;而在我国,帮助犯和从犯应该是一种交叉关系。另外,在帮助犯的构成要件方面,大陆法系坚持从属性立场,而英美法系采纳独立性原则。比较对帮助犯的多种处罚模式,必减式是较为科学可取的。

Because of the bigger difference of the criminal law theories, all countries also exist the bigger dissimilarity in the question of accessory offender. In Continental Law, the accessory offender is similar to accomplice; in Anglo-American Law, the accomplice includes the accessory offender; But in the our country, the accessory offender and should be a kind of to cross the relation with accomplice. Moreover, in the aspects of the constitution of crime, Continental Law insists that the accessory offender is not independent, but Anglo-American Law insists that the accessory offender is independent. There are various punishments modes, necessarily the reduce type is reasonable.