对向犯基本问题研究

Study on Correspondence Offence

对向犯是构成要件预定必须由复数人在对立的意思支配下实施对向性行为才能完成的犯罪。对向犯是单独犯罪而非共同犯罪,双方不构成共同实行犯,不适用主从犯的规定。对于法律没有规定应予处罚的一方,不能以对方犯罪的教唆犯或帮助犯处罚。实践中还应注意对向犯理论的适用范围。

Correspondence offence is a crime which can be fulfilled only by persons with opposite intention and anti-directional act, and it＇s a kind of individual crime rather than joint offence, which can not be divided into principal offender and accessory. These who don＇t correspond to punishment stipulation in criminal law can not be punished as abettor or accessory. In practical conviction, we should pay attention to the application scopes of the theory.