论我国继续坚持单一正犯体系

On the System of the Single Principal Offender to be Continued in China

考察各国刑法规定,以处理参与形态与刑罚处断关系的模式不同,可以分为三大类型的犯罪参与体系,即分离正犯与共犯的从属性说、分离正犯与共犯的单一正犯体系、包容正犯与共犯的单一正犯体系。我国刑法没有区分参与形态,因此,参与形态与刑罚处断"相对独立",应当归类于形式性单一正犯体系。而且,在具体问题上,还有着许多独具特色的规定,使得处罚范围合理、刑罚裁量得当。

With a detailed study of the criminal laws in different countries, the mode relations between participation and punishment can be divided into three types of criminal participation systems, namely the separation of accomplice subordinate to principal offender, the single principal offender system with a separation of principal offender and accomplice, and the single principal system with an inclusion of principal offender and accomplice. In the Criminal Law of China, the participation forms are not distinguished, so participation forms and penalty divisions are relatively independent. Therefore, they should be classified into formal single principal offender system. Moreover, on the specific issues, there exist plenty of unique regulations, which makes the scope of punishment reasonable and the discretion of punishments appropriate.