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随着理论研究的深入,我国对共同过失犯罪持肯定态度的学者越来越多。但由于立法等多方面的原因,共同过失犯罪在我国的研究仍然有待加深。本文从理论纷争入手,辨明了共同过失犯罪、过失共同犯罪、过失竞合等容易混淆的概念,并以过失心理互动说为主观意思联络的理论基础,注意义务为判断基准,给出了新的共同过失犯罪之概念,厘清了共同过失主体范围的划定。同时,文章也讨论了理论界争议较大的共同过失帮助犯、教唆犯进行了讨论。最后,给出了关于共同过失犯罪的处罚意见。
With the deepening of theoretical research, there are more and more scholars in our country who hold a positive attitude towards common mistakes and crimes. However, due to various reasons, such as legislation, the study on common negligence crimes in our country still needs to be deepened. This dissertation starts from the theory dispute, and discerns the confusible confusions such as common negligence crime, common crime of negligence and competing negligently, and also regards the psychological interaction of negligence as the theoretical foundation of the liaison of subjective meaning and the duty of care as the judgment criterion, and gives a new The concept of joint negligence crime clarifies the delineation of the scope of the main body of common negligence. At the same time, the article also discusses the controversial theoretical controversy of common negligence to help prisoners, abettors were discussed. Finally, it gives the opinions on punishment of common negligence crime.