论我国犯罪参与体系的归属

on the Criminal Participation System in China's Criminal Law

以是否区分参与人的类型和程度为标准,划分了单一正犯体系和区分制共犯体系。根据我国刑法关于共同犯罪的规定,所有犯罪参与者只要为犯罪成立提供条件的,均按照正犯处理;将犯罪参与者以作用的大小为标准划分为主犯、从犯;对实行行为、教唆行为和帮助行为规定了统一的法定刑;这些均符合实质的单一正犯体系的特征。将我国犯罪参与体系归属为单一正犯体系,避免了理论上因区分正犯与共犯而导致的问题,有利于科学定罪、合理处罚。

In accordance with the type and degree of the participation of accomplices, criminal participation system is divided into unitary system of complicity and differentiate system of complicity. Through the analysis of Article 25 to Arti-cle 29 of China＇s Criminal Law, it can be said that a unitary system of complicity is adopted. Firstly, an offender would be considered a perpetrator when offenders ＇ participative acts cause crime; Secondly, crime participants are divides into prin-cipal criminal and accessorial criminal depends on their varying degrees of involvements in a crime; Thirdly, offenders ＇participative acts contravene the same prescribed punishment. If China ＇s Criminal Law adopts the category of unitary system of complicity, it not only does not need to face the difficulty when differentiating principal and accomplice,but also possesses the advantages of more scientific crimination and more proper punishment.