论文部分内容阅读
我国刑法理论关于罪数的讨论往往限于实行犯,对共犯的罪数鲜有问津,尤其是共犯罪数的判断标准几乎无人问及。共犯由于其特殊的犯罪构成内容、参与犯罪的方式以及共犯行为显著的广度与重合特征,在罪数的认定方面与实行犯既有一致性,也存在很大的区别。具体来说,共犯的罪数判断要建立在共犯行为的基础之上,考虑共犯人参与实行犯的范围,依据共犯行为所构成的犯罪构成的数量来进行。
The discussion on the number of crimes in the theory of criminal law in our country is often limited to those who commit crimes. There is very little interest in the number of crimes committed by the accomplice. In particular, the criteria for determining the total number of offenses are almost unknown. Because of their special contents of crime, the methods of participation in crimes and the significant breadth and overlap characteristics of accomplice, accomplice has both the consistency and the very big difference in the determination of the crime count. Specifically, the crime of accomplice is judged on the basis of the act of accomplice, considering the scope of participation of the accomplice in the execution of the offense, based on the number of crimes constituted by the accomplice.