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多年以来,在共同犯罪的过程当中,作为犯罪人员本身所要承受的在自身财产以及自身人身安全上发生的损失现象,如何进行定性始终存在较大的争议,从根本上来说,从犯罪人员的角度来说,其可能会承担的在人身安全以及财产上的损失可以总结成四种。想要对其进行明确定性,需要从法益分析的视角来入手;凭借共同犯罪的过程当中作为犯罪人而言,其权益能够归属在实然性法益当中,来推导作为犯罪人员其人身安全以及财产损失能够归属在法益损失范畴,随后结合其是否存在一定的法益侵犯上的行为来判断这种损失是否可以经过刑法评价和如何展开刑法评价,随后凭借理论纷争来打破传统认知当中无法协调的认知。
Over the years, in the course of joint crimes, there has always been a big controversy on how to carry out the qualitative and quantitative losses that the criminal himself has to bear in his own property and his own personal safety. From a criminal point of view , The personal safety and property losses that it may bear can be summed up in four ways. To define it clearly, it is necessary to start from the perspective of legal benefit analysis. As a perpetrator in the process of joint crime, its rights and interests can be attributed to the substantive interests of the law, to derive their personal safety and property as criminals The loss can be attributed to the legal interests of the loss, then combined with its existence of certain acts of legal rights and interests to determine whether this loss can be evaluated by the criminal law and how to start the criminal law evaluation, and then by virtue of theoretical disputes to break the traditional cognition which can not be coordinated know.