结合犯若干问题研究——规范解读与理性反思

Several Studies on Conjunct Criminality——Normative Interpretation and Rational Introspection

在大陆法系刑事立法的发展完善过程中,结合犯占有一席之地。我国刑法至今仍未规定典型的结合犯,但基于规范目的及刑法理性的考察,应当重视对结合犯适用问题的研究。结合犯的既、未遂应以他罪为标准。结合犯的中止宜以后一个犯罪是否中止为标准。结合犯的共同正犯是客观存在的,但当后行为人仅实施了部分实行行为时,只能对参与后的行为及结果负责。

The development and perfection of criminal law in continental law system are connected with conjunct criminality.So far,Criminal Law of P.R.China has regulated typical conjunct criminality.However,it＇s very important to study the application of the crime based on the aim of regulations and ration of criminal law.The accomplishment of the crime is decided by the second offender.Whether the crime is in the situation of discontinuance is concerned with the latter offender.While the joint principal offender of conjunct criminality actually exists,but the latter criminal should be responsible for the consequence occurred after his participation.