结合犯的刑事责任合理性研究

On rationality of the criminal responsibility of conjunct criminality

结合犯的刑事责任是一种加重刑事责任。德国、日本和我国台湾地区刑法有关结合犯的规定各有特点。结合犯刑罚的创制和裁量必须坚持"并合主义",使结合犯的刑事责任与结果加重犯的刑事责任有所区别,体现合理性。

The criminal responsibility of conjunct criminality is a kind of aggregated criminal responsibility.The stipulations on the conjunct criminality in criminal law in Germany,Japan and Taiwan have their respective characteristics.The establishment and judgment of penalty of the conjunct criminality must persist in the doctrine of combination so as to differentiate the criminal responsibility between conjunct criminality and aggregated consequential offences and represent its rationality of criminal responsibility.