论文部分内容阅读
目前,我国刑法总则中尚未确立处理共犯与身份关系的通则性规范,处理共同身份犯罪的定罪量刑问题时只能求助于理论研究和司法解释,但学界与实务界的林立学说与经验做法又直接影响定罪量刑的科学性与权威性。应当在我国刑法总则中确定处理共犯与身份关系的通则性规范。
At present, the general rules of criminal law in our country have not yet established the general norms of handling the relationship between accomplice and identity. When dealing with the problem of conviction and sentencing of common identity crimes, they can only resort to theoretical research and judicial interpretation. However, the theory and practice of forestry in academia and practice are straightforward The Scientific and Authoritative Influence of Conviction and Sentencing. The general rules of handling the relationship between accomplice and identity should be established in the general provisions of criminal law in our country.