客观归责理论下对统一正犯化体系的反思

Reflections on the Unified Principal Offender System under Objective Imputation Theory

统一正犯化体系能够克服正犯与共犯难以区分的问题,同时具有定罪和处罚更为科学合理等特点,这些优势逐渐得到了一些学者的认同。但是,在引入客观归责理论进一步分析统一正犯化体系时,因归责判断的缺少性使其不能贯彻犯罪论中法益原则和归责原则进而使自身面临全面崩溃的危险。所以,合理的共犯体系利用客观归责理论进行归责判断不可缺少,其重要性在于利用归责判断可以解决共同犯罪中的行为归责和结果归责等问题。

The unified system of principal offender can overcome the problem that principal offender and accomplice are difficult to distinguish. At the same time, it has the advantages of more scientific and reasonable conviction and punishment, which has gradually been supported by some scholars. However, with the introduction of objective imputation theory, the unified system of principal offenders is further analyzed. Because of the lack of imputation judgment, it cannot implement the principle of legal interest and imputation in the theory of crime, and then it will face the risk of collapse in an all-round way. Therefore, it is indispensable for a reasonable accomplice system to use objective imputation theory to judge the liability. Its importance lies in the fact that the imputation judgment can solve the problems of behavior imputation and result imputation in joint crime.