论狭义的过失共犯

Research on Negligence Accomplice in the Narrow Sense

狭义的过失共犯是共同过失犯罪的项下概念,专指过失教唆犯与过失帮助犯。对于狭义的过失共犯能否成立的问题肯定说与否定说争论已久。肯定说虽然在一定程度上回应了否定说的质疑,但是缺乏对狭义的过失共犯相关理论的系统阐述,使其饱受质疑,并未获得多数学者的认可。对于狭义的过失共犯的研究,应从其基本范畴着手,在传统共同犯罪理论中寻求狭义的过失共犯的成立、归责理论依据,结合过失犯构成理论思考狭义的过失共犯的构成条件,进而结合现行刑事立法与司法现状为我国刑法完善提供前瞻性思考的方向。

Negligence accomplice in the narrow sense is a concept under the theory of negligence crime, which solely refers to negligent abettor and negligent accessory.Whether negligence accomplice in the narrow sense can be established has been under controversy for a long time.Although its positive theory refuted the negative theory to some extent,lacking a systematic explaination about the relevant theories of negligence accomplice in the narrow sense makes the positive theory under doubt,unaccepted by the majority of scholars in the academics.To explore negligence accomplice in the narrow sense,its basic category should serve as the starting point from which to seek the theoretical basis of establishing the narrow negligence accomplice within the common crime theory,reflect on the conditions for establishing the narrow negligence accomplice by combining the negligent offender theory,and give more thought to the directions for improving China＇s criminal laws by taking into account the current criminal legislation and judicial status.