再议“合一论”与“复合罪过说”

德国关于间接故意与有认识过失的合一论的主张与我国学者所提出的复合罪过的概念各有特定含义,“合一论”的罪过形式的出现有其特定的类型划分和观念为前提。复合罪过现象的原始含义不同于合一论。应该结合我国《刑法》分则的具体罪名来进行真正复合罪过形式的研究。

Re-discussing the "Theory of Unanimity" and "Compound Guilt"

By comparing the German doctrines of unanimity of indirect intent and cognitive negligence with the doctrine of compound guilty advanced by Chinese scholars,this author maintains that the given classification and conception is a precondition of the doctrine of compound guilt.This author further points out that the original meaning of compound guilt is different from the "theory of unanimity." So this author determines that we should conduct a laborious research on compound guilt based on the specific provisions of the Criminal Act of the PRC.