共犯脱离与共犯中止之比较分析

Comparative Analysis on the Departure and Discontinuance of Joint Crimes

刑法理论界,一致认为共犯关系脱离的理论源于共犯中止的理论,但是这并不意味着共犯脱离是共犯中止所能完全包容的。共犯脱离理论的产生是为了弥补共犯中止理论的不足,解决共犯人虽为中止作出努力,但仍没有阻止住其他共犯人犯罪行为或犯罪结果发生的问题,为共犯人改过自新开辟另一条新的道路。它与共犯中止既有相似之处又有不同之处,一方面它与共犯中止有密切的联系,另一方面共犯脱离本身与共犯中止有别,具有独立的品格。

The theory circle of criminal law unanimously believes that the theory of the departure of relationship of joint crimes originate from the theory of discontinuance of,joint crimes, but it doesnt mean that departure of,joint crimes is completely contained in the discontinuance of,joint crimes. The appearance of the theory of departure of,joint crimes is for the sake of making uo for the dificiency of the theory of discontinuance of joint crimes,resolving the problem that the accomplince cannot prevent the happening of criminality and consequences of other confederates after efforts, and making a new way for the accomplice to mend his way. It has both similarities and differences with the discontinuance of joint crimes：on one hand,it has a close relation with discontinuance of joint crimes;on the other hand ,it differs from the departure of joint crimes and has its own independent feastures.