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长期以来,共同过失犯罪问题的聚讼主要围绕是否具有共同意思联络、是否具有制度实益及其与罪刑法定原则、罪疑从无原则等关系展开,鲜有学者质疑肯定论者所持的“共同注意义务共同违反说”。“共同注意义务共同违反说”实为风险社会中过度关注刑法的秩序维持机能的表现,是对个人责任的不当加重与扩大。可将共同注意义务分解为个人注意义务并进行个别因果关系的考察,循单独犯罪的路径解决共同过失犯罪问题。
For a long time, the common law mistakes mainly focus on the issue of whether the common meaning of the contact, whether it has the system benefits and its legal principle of crime and punishment, the principle of the principle of the crime of doubt and so on, few scholars question affirmatives held by the “common Pay attention to the obligation to jointly say ”. “Common duty of care together to say ” is actually the excessive attention of criminal law in the risk society to maintain the performance of the performance of the order, is to undoubtedly aggravate and expand individual responsibility. The common duty of care can be decomposed into individual duty of care and investigation of individual causation, and the problem of common negligence can be solved through the path of separate crime.