论过失犯的正犯概念

On the Principal Offender Concept of Negligent Offender

大型火灾事故中故意犯背后的过失参与者结果归责问题引发了理论探讨，经历了条件说限定之不能、扩张正犯概念及惹起说的体系难题以及二元正犯概念的困境之后．成为过失犯应采取何种正犯概念的问题。在过失犯统一的正犯概念与限制的正犯概念的对立中，应采取限制的正犯概念，以不同的行为规范为区分过失正犯与共犯的标准．并以是否具备自我答责性之下的因果经过支配可能性来具体判断过失犯的正犯性。而不具有正犯性的过失共犯则不具备刑法上的可罚性．

Theory discussions has been triggered by the issue of results imputation involved negligent participants behind the intentional offenders in a large fire accident, which has become the issue of which kind of principal offender concept should be adopted by negligent offenders eventually after experiencing impossibility of limiting the conditioning theory, the system problem of the outspread principal offender concept and Verursachungstheorie, and the dilemma of dual principal offender concept. In the antagonism between the two concepts, negligent offender should be taken to the limited principal offender concept over the uniform principal offender one, which distinguishes negligent principal offender to negligent accomplice in different codes of conduct to as standards, and which estimates the principal offender characteristic of negligent offender in standard of whether it has causal control possibility under self-responsibility. Negligent accomplice without the characteristic of principal offender doesn＇t have criminal punishability.