混合身份共同犯罪问题研究

A STUDY ON THE JOINT CRIME WITH SUBJECT OF MIXED IDENTITIES

混合身份共同犯罪指的是有特定身份者与无特定身份者利用有身份者的特定身份实施的,仅由有身份者才能构成的犯罪。混合身份共同犯罪的核心问题是其定性问题。这一问题一直在学界存在较大的争议,学者们提出了主犯罪质决定说、实行犯罪质决定说、分别定罪说、身份犯罪质决定说等四种学说。这四种有关定性的学说都存在不可避免的缺点,很难较为完美的解决混合身份共同犯罪的定性问题。笔者提出了以实行行为为混合身份共同犯罪的定性标准,较为妥当的解决了混合身份共同犯罪的定性问题。

The joint crime with subject of mixed identities refers to those who with no specific identity and with a specific identity as implemented,only by those who have capacity to constitute the crime.Mixed together as the core issue of crime is its qualitative issues.This issue has been there is a big controversy in the academic community,scholars have made the decision that the main criminal nature,said the decision to implement the quality of crime,were convicted,said identity crime and other quality of decisions that the four theories.After analysis and evaluation carried out in this article can easily find the doctrine of the four on the qualitative shortcomings inevitably exist,it is difficult to solve the more perfect mixture of qualitative issues as common crime.The author proposes the implementation of joint criminal conduct as mixed as the qualitative criteria,more appropriate solution to a mixed qualitative issues as common crime.