共犯的共犯初论

共犯的共犯是刑法理论和刑法立法上的"冷僻"地带。大陆法系国家的刑法理论纵然对其有些许论述,但依然难以称得上"系统"。对于共犯的共犯之概念,国内外刑法学界都未给出明确界定,而仅有一些"轻描淡写"的解释性表述。至于共犯的共犯之分类、理论归属、认识错误以及刑事责任的把握,则是整个刑法学界未有深入探讨的问题。然共犯的共犯在现实生活中并非仅存于想象之中,其依然会出现在各类共同犯罪之中,故对共犯的共犯诸问题的讨论对刑法理论的完善和司法实践中相关问题的解决大有裨益。

A Preliminary Discussion of Accomplice of Accomplice

The accomplice of accomplice is an obscure＂ zone in criminal theory and criminal legislation. Ahhough the theory of criminal law in continental law countries has some discussion on the accomplice of accom- plice, it is still difficult to be systematic. As to the concept of the accomplice of accomplice, domestic and foreign scholars have not given a clear definition, but only some brief statement. As for the classification, attribution of theory, error of cognition and grasp of criminal responsibility, it is the issues that the whole criminal law educa- tional circles have failed to delve into. However, the accomplice of accomplice in real life is not like a phantom existing only in the imagination, it still appears in every kind of common crime. Therefore, the discussion on the accomplice of accomplice is greatly beneficial to the perfection of the criminal theory and the resolution of the rele- vant problems in judicial practice.