共同犯罪中从犯赔偿责任的厘定——以非法集资犯罪为切入点

Determination of the Liability for Compensation of Complices in Joint Crime——Taking the Crime of Illegal Fund-Raising as Sample

共同犯罪人应当根据各自在共同犯罪中的作用和地位,分别承担相应的经济赔偿责任。非法集资犯罪中,要求从犯与主犯对投资人经济损失均承担连带赔偿责任的司法处置方式并不妥当。从犯与主犯承担不同的罪责,赔偿责任应与刑事责任保持协调。没收违法所得的刑法规定以及自身的法理内涵不能为连带责任提供内在依据。受制于刑法条文适用范围的限制,经济赔偿责任也无法为共同犯罪人承担连带责任提供外部支持。应扩张经济赔偿责任条款的适用范围,将民事侵权中的连带责任导入非法集资犯罪,为实施不同客观行为和具有不同主观罪过的共同犯罪人配置公平合理的经济赔偿责任。

Joint offenders shall bear corresponding economic compensation liabilities according to their respective roles and positions in joint crime. In the illegal fund-raising crimes, it is not appropriate to require the accomplice and the principal offender to bear joint and several liability for the economic losses of investors. Accomplices and principal offenders bear different criminal responsibilities. Accordingly, the liability for compensation should be coordinate with criminal responsibility. The criminal law of confiscating illegal income and its own legal connotation cannot provide an internal basis fo joint and several liabilities. Restricted by the scope of application of criminal law provisions, economic compensation liability cannot provide external support for joint and several liabilities of joint offenders. It is should to expend the scope of application of the provisions of economic compensation liability to the crime of illegal fund-raising, and located fair and reasonable economic compensation liability for the joint offenders who commit different objective acts and different subjective fault.