论中途加入型共犯人的刑事责任 --基于结果二分说的分析

On the Criminal Responsibility of the Half-way Accomplice--Analysis Based on Result Dichotomy

中途加入型共犯人承担责任的范围,一直是实务中较为疑难的问题。旧有的整体归责路径没有站在客观刑法的立场,有沦为心情刑法的可能。分段归责路径虽然保证了共犯因果性的需要,但却与我国刑法的立法与实务有着难以弥合的裂隙。在坚持因果共犯论的前提下,结合我国刑法的规定,将事实性结果规范地二分为不法结果与分类结果。共犯只需对不法结果具有因果性就足以成立相应犯罪,不必与犯罪中产生的所有不利后果都具有因果性。如此中途加入型共犯人的责任问题便可迎刃而解。

The scope of liability of half-way accomplice always has debates in practice.The integrated way of imputation does not insist the position of objective criminal law,which may be reduced to mood criminal law.Although the segmented way of imputation ensures the causal needs of accomplice,it has a gap with the legislation and practice of criminal law in China.Under the premise of adhering to the theory of causal accomplice,combined with the provisions of China’s criminal law,the factual results can be divided into illegal results and classified results.The accomplice who only needs to have causality to the illegal result is sufficient to establish the corresponding crime,,and does not have to have causality with all the adverse consequences in the crime.In this way,the problem of responsibility of half-way accomplice can be solved.