论过失共同正犯的成立要件

Basis Constitutions of Non-criminal Unpremeditated Joint Crime

共同犯罪现象复杂多样,故意共同犯罪已被各国刑法理论和实践广泛接受,而过失共同正犯仍然是刑法学领域一个颇具争议的问题。大陆法系国家尤其是日本对于过失共同正犯的研究已经相当深入,对我国研究过失共同正犯具有借鉴意义。是否承认过失共同正犯,基于何种理由承认过失共同正犯,以及何为过失共同正犯成立的必要条件,是研究过失共同正犯必须解决的问题。

The Phenomenon of joint crime is complex and diverse. Premeditated joint crime has been widely accept by various countries’ criminal law theories and the practices, however, non-criminal unpremeditated joint crime is still a dispute question in the penology domain. The countries of Civil law legal system, especial Japan, have already researched non-criminal unpremeditated joint crime quite deeply, which can provide experiences for us. Whether to acknowledge non-criminal unpremeditated joint crime or not, why to acknowledge it, and what is the necessary conditions for the establishment of it, which are the questions must be solved.