论牵连犯

On Implicated Offender

牵连犯是罪数形态理论中的一个让人倍感困惑且复杂的问题。目前只有一些大陆法系国家承认牵连犯,而在英美法系国家一般不承认牵连犯。虽然目前存在牵连犯的存废之争,但是牵连犯在罪数形态理论中具有重要的价值。为了准确把握牵连犯的内涵,应当以折中说为标准来具体分析某些行为之间是否具有牵连关系。在牵连犯的处罚原则上,应当以从一重处罚原则为主,以数罪并罚为辅。

Implicated offender has been an extremely perplex and complex problem in the theory of crime quantity. At present, only some continental law countries acknowledge the implicated offender, whereas common law countries generally do not acknowledge the implicated offender. Although at present there are disputes on exist or abolishment of it, in the theory of crime quantity there is important value in the implicated offender. In order to comprehend accurately the connotation of the implicated offender, balance statements should be taken as criteria to analyze specific behaviors to fred ff there is implicated relations. In the punishment principle on the implicated offender, the principle of punishment on one major offence should be given priority, and cumulative punishment for comolementary.