英美刑法共谋罪犯罪主体理论之争述评

Review on the Theoretical Dispute of Subject of Criminal Conspiracy in the Anglo-American Criminal Law

在英美刑法中,在共谋罪犯罪主体的单复数问题上存在单方主义与双方主义之争,两者均以群体行为特别危险性原理为立论依据展开论战,本质是主观主义犯罪观与客观主义犯罪观之争。单方主义与双方主义之争,对共谋罪判决一致性规则、秘密侦查措施运用、无责任能力之人的责任认定产生了重大影响。

There was a dispute between Unilateralism and Bilateralism on the issue of number of subject of criminal conspiracy in the Anglo-American criminal law. The doctrines of unilateralism and bilateralism had debated with each other on the basis of doctrine of group＇s special danger. In essence,their debate was the reflection of debate between Suhjectivism and Objectivism, and had exerted substantial influence on consistency rule of sentence, utility of secret investigation measures and affirmation of liability for persons of incapability.