大陆法系共犯种类之比较

A Comparasion of the Forms of the Joint Crime in the Civil Law System

对我国及大陆法系主要国家刑法典及刑法理论中共犯的分类进行了比较。笔者认为,可以把俄罗斯刑法采用的标准与我国大陆刑法采用的标准结合起来,认定共同犯罪并对犯罪人作出罪责刑相适应的处罚。同时认为,我国大陆刑法采用的标准,虽然在实践中用起来比较容易与犯罪人的刑事责任挂起钩来,但逻辑上存在双重标准问题。此外,对间接正犯理论进行了比较,认为间接正犯实质上是单个人的犯罪,不应当在共同犯罪中讨论。

The forms of the Joint Crime are contrasted. I think it is practicable to combine the standard of forms of Russia' Criminal Law and that of the forms of the China's Criminal Law to identify the Joint Offence and to punish the offenders in coincidence with their crime, responsibility and punishment. Furthermore, in practice, the standard used by criminal law of PRC is easy to link up with the responsibility of offenders', but double-standard exists in logic. I think indirect principal crime is essentially the personal crime and should not be discussed in joint offence.