中国刑法语境中的“共谋罪”考辨

共谋罪是英美刑法特有的概念。共谋罪的本质是二人以上就犯罪、不法行为或其他行为的实施达成协议。惩罚共谋罪本质是惩罚不法协议。围绕“共谋罪独立于目标犯罪而具有可罚性”的基础性观念，英美刑法创设了相应的实体法和程序法规则。我国刑法中的阴谋犯、预备犯等与英美刑法共谋罪从根本上说是不同的范畴。我国刑法并不惩罚共谋罪。

Study on the "Conspiracy Offence" in the Context of the Criminal Law of PRC

The conspiracy offence is a distinct concept in the common penal law system.A conspiracy offence involved two or more persons who had reached an agreement to do a crime,an unlawful act or other lawful acts by unlawful means.The essence of punishment resides over the unlawful agreements in a conspiracy offence.Based on the fundamental concept that "the conspiracy offence is punishable independent of the targeted offence",the common penal law system established the corresponding substantive and procedural rul...