责任共犯说批判

在欧陆、日本刑法学上,责任共犯说是主张共犯因为使正犯堕落,陷入罪责和刑罚而受到处罚的共犯的处罚根据理论。责任共犯说由于被指“严重违反责任主义原则”,在20世纪40年代就已经逐渐走向式微。从解释论结论上看,我国传统刑法学关于共犯的处罚根据理论基本属于责任共犯说,同样面临责任共犯说所面临的所有批判。因此,有必要重构我国刑法学共犯的处罚根据理论。

A Critical Comment on Liability Accomplices Theory

Liability Accomplices Theory is one of the theories about foundation of accomplices' punishment in the criminal jurisprudence of Continental Europe and Japan, which maintains that the accomplices punishment are based on the principals' being seduced, being fallen into the responsibility and punishment. Liability Accomplices Theory has being made for decay since 40s in 20, because of violating principle of personal responsibility. In our country traditional criminal law theory insists on Liability Accomplices Theory from the view of interpretation, and will face all sorts of censures what the Liability Accomplice's Theory faces. So, it is necessary to re - construct our country's foundation of accomplices' punishment theory in criminal law.