论对向犯的定罪处刑

行为人之间存在相互对向关系的犯罪,刑法理论都应称之为对向犯.刑法对存在相互对向关系的犯罪的规定有一定的规律,可分为同罪同刑、同罪异刑、异罪同刑、异罪异刑和只规定处罚一方行为.不同类型的对向犯的定罪处刑原则不一.在法律规定只处罚一方的对向犯中,对法律不处罚的一方的行为不能根据刑法总则关于共同犯罪的规定作共犯定罪处刑.

On Conviction and Punishment of Mutual Relationship

In criminal theory, mutual crime is the crime which exist mutual relationship between the conductors. There are rules about the crime which exist mutual relationship in criminal law, i.e. same crime same punishment, same crime different punishment, different crime same punishment, different crime different punishment and only one party punished. Different kind of mutual crime has different conviction and punishment rule. In the event of the criminal law provided that only one party should be punished, the other party should not be punished as common criminal according to the rule of common crime.