共同犯罪的“共同故意”的认定

The research about the purpose of common crime

共同犯罪的成立除了要有二人以上之共同行为外,最重要的就是考察共犯人的主观要件是否齐备。共犯的主观方面包括意思联络、共同认识和共同意志,与单人犯罪形态相比较不乏独特之处,理论界也颇多争议。关于意思联络之有无及内容、程度如何,基于主观主义和客观主义不同立场,会得出不同结论。共同犯罪的共同认识因素,包括三个层面,其主要涵盖了对共犯人与共同行为的认识。

In addition to actions from over two people together, the most important element that is of establishment to the common crime, is to study the subjective elements. The subjective aspect of the common crime includes, common understanding and common will. Compared with the single crime, the common crime owns so many differences. And a lot of controversy has been discussed among the academic circles. So it is necessary to research it. It will draw different conclusions from the different position of subjectivism and objectivism, about the existence, the contact and the degree of criminal contact. The factor of common understanding that is from the subjective aspect of the common crime includes three aspects, which is mainly the understanding of accomplice and their common behaviors. In practice, performance of Will is three kinds of combinations.