在共同犯罪过程中,正如部分共犯会中途加入那样(承继的共犯),也存在部分共犯中途退出的情形,此即为共犯关系的脱离0(I)所谓共犯关系的脱离,是指自共犯关系成立直至犯罪最终完成,尽管部分共犯已退出该共犯关系,但其他共犯仍继续实施犯罪,并达到既遂(在着手实行之前退出的,也可以是未遂,下同)的情形。根据共犯类型,共犯关系的脱离可分为共同正犯的脱离与教唆犯的脱离、帮助犯的脱离;根据具体脱离时点,又可分为着手实行之前的脱离、着手实行之后既遂之前的脱离以及既遂之后的脱离。研究共犯脱离,需要解决以下几个问题:其一,明确共犯脱离理论的意义,界定共犯脱离与共犯中止之间的关系;其二,明确共犯脱离的法律效果,解决脱离者对 In the process of joint crime, just as some of the accomplices join in that way (inherited accomplices), there are also situations where some accomplices withdraw from the party halfway. This is the separation of the accomplice. 0 (I) The separation of the so-called accomplice means the self-accomplice It was established until the crime was finally completed. Although some of the accomplice had withdrawn from the accomplice relationship, the other co-criminals still continued to commit the crime and reached the goal of completing (before exiting, or attempted, the same below). According to the type of accomplice, the detachment of the accomplice relationship can be divided into the detachment of the common principal offender from the instigator and the detachment of the detachment. According to the time of detachment, the detachment can also be divided into the detachment before embarking on the implementation, After the completion of the separation. To study the separation of accomplice, we need to solve the following problems: First, to clarify the significance of accomplice from theory, to define the relationship between accomplice off and termination of accomplice; secondly, to clarify the legal effect of separation of accomplice