浅议共犯关系的脱离

On the Disengagement of Accomplice

关于共犯关系的脱离形成了不同的学说,因果关系切断说作为脱离标准的通说应当得到认可,并适当以规范加以缓和。文章以因果关系切断说为切入,根据不同犯罪阶段分别判断共犯关系脱离的成立条件及相应的法律后果,提出在着手前依照犯罪预备、着手后依照犯罪未遂进行处罚的建议。

The separation of accomplice has formed different theories. The cut - off theory of causal relationship should be recognized as a standard of departure and be moderated by norms appropriately. From the cut - off theory of causal relationship, the author determines the conditions of judging the disengagement of accomplice and the cor- responding legal consequences according to different stages of crime, and provides the suggestion that punishment should be carried out according to crime preparation before proceeding and attempted crime after proceeding.