论共犯关系的脱离

On the Disengagement from the Relationship of Joint Offence

共犯关系的脱离是共同犯罪中客观存在的一种犯罪形态。这一概念是日本学者大塚仁教授首先提出的,此后理论界对其展开了一系列的研究。这一概念的提出对坚持罪刑均衡、实现刑罚的目的、维护刑法体系的统一性等方面具有积极的意义。但在研究的过程中也产生了不少争论,争论的焦点主要集中于该犯罪形态的发生阶段、成立条件以及其处罚等方面。根据因果共犯论,对共犯关系脱离的判断也应当以因果关系的切断与否为标准。"真挚的努力"、"任意性"、"意思表示"等条件只是判断具体共犯关系中因果关系是否切断的判断资料。

Withdrawing from the relationship of joint offence is an objective existence in joint offence. This concept is proposedfirstly by Otsuka Ren,hereafter, Theorists make a series studies on it. There are many positive significances on upholding thebalance of crime, achieving the purpose of the penalty and maintaining the unity of the criminal justice system about raising thisconcept. However, many controversies, focusing on the phase that this pattern of crimes occurs, the conditions and punishment of thepatterns of crimes, are springing up in the course of the study. Based on the causal theory of accomplice, judgment on thedisengagement from the relationship of joint offence also should be on the basis of whether the causal relationship has been cut off.The conditions, such as sincere efforts, arbitrariness, intention, can only be used to judge whether the causal relationship has beencut off in a specific complicity.