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近年来,我国立法频现关于结果加重犯的规定。结果加重犯共同正犯的概念是大陆法系用语,而大陆法系刑法理论与我国刑法理论有着千丝万缕的联系,所以我国刑法理论和司法实践中亦适用该概念。然而,我国刑法理论对于结果加重犯共同正犯一直存在争议,导致司法实践适用标准不一。结果加重犯共同正犯主观上只能是故意犯罪,不仅对基本犯罪是故意,对加重结果亦应该是故意,结果加重犯的共同正犯要区分主要责任和次要责任,在共同正犯中也要区分主犯、从犯以及协从犯。
In recent years, our country’s legislation frequently promulgates provisions on aggravating the result. As a result, the concept of aggravating common common offender is the terminology of civil law system. However, the theory of criminal law in civil law system is inextricably linked with our country’s criminal law theory. Therefore, this concept is also applied in our criminal law theory and judicial practice. However, the theory of criminal law in our country has always been controversial about the common offender who aggravated the result, resulting in different applicable standards of judicial practice. As a result, aggravating offenders may only be deliberately committing a crime on the subjective basis of a common offender. They are not only intentional crimes against basic crimes but also primary and secondary responsibilities for those common offenders who aggravate the aggravating circumstance and aggravate crimes as a result. They should also be distinguished from each other in common offenders Main guilty, accomplice and accomplice.