从后退的“黄金桥”到后退的“独木桥”——论共同犯罪的犯罪中止

From Retreating Golden Bridge to Single-log Bridge

刑法中设置中止犯并给予宽大处理的主要目的在于鼓励人们及时退出犯罪,然而,由于共同犯罪的特殊性,共犯人成立中止的条件比较严格,致使鼓励中止、预防犯罪的刑事政策作用难以充分发挥。针对此问题,在中止之外承认脱离共犯关系,有助于缓和这一矛盾。

The main purpose of stipulating discontinuation of a crime and giving lenient treatment is to encourage offender to give up conducting crimes timely and eventually to prevent crimes. However, due to the specific characteristics of joint crime, the conditions which joint criminal who want to discontinue the crime must meet is so strict that this purpose of criminal policy is difficult to be fulfilled. In the light of this issue, it is helpful for alleviation of this contradiction to admit breaking away from the joint criminal relations.