论共同犯罪中部分共犯中止的认定

Research on Criminal Termination of Joint Offence

共同犯罪部分共犯人的中止问题在立法上一直呈空白状态,也向来是理论上争议的热点,通过改进非主犯能力说,能够一定程度上解决中止的认定问题,以实现区别对待的量刑原则。最后,在对比他国立法现状的基础上,提出对立法空白的填补方案。

The problem of criminal termination of joint offence has been widely discussed by experts on criminal law.By comparison of these theories and analysis of all the types of joint offence,the writer tends to support the theory of the Ability of Accessory.It matches the principle of differential measure.Finally,on the basis of discussion,I try to come up with a program to make up for the blank in the law.