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相对于单独犯罪,共同犯罪是一种更为复杂的犯罪现象。关于共同犯罪的构成要件理论,目前主要有犯罪共同说和行为共同说,二者主要在成立共同犯罪是否要有意思联络和共同故意上意见相左。本文通过比较分析和举例分析,论证了成立共犯应当要有意思联络和共同故意。为实现对行为人危害行为的正确处罚,建议我国刑事立法以慎刑为主导思想,采用犯罪共同说,不轻易地扩张惩戒范围,将与无刑事责任能力人实施犯罪行为认定为共同犯罪,将共同过失犯罪的行为排除在共同犯罪之外。
Compared with solitary crime, joint crime is a more complicated crime phenomenon. At present, there are mainly the common sayings and behaviors of crimes. At present, the two mainly talk about whether they want to have an interesting connection in setting up a joint crime or whether they will jointly and intentionally agree. Through comparative analysis and example analysis, this article demonstrates that the establishment of an accomplice should be meaningful contact and common intention. In order to realize the correct punishment for perpetrator’s harmful act, it is suggested that criminal legislation in our country takes cautious punishment as the dominant thought, and commits the crime to jointly say that it is not easy to expand the scope of punishment and to convict the criminal who has no criminal responsibility to commit the crime as a common crime. The crime of joint negligence is excluded from the crime of common crime.