论继承性共犯

继承性共犯,是指在先行为人已经实施了犯罪的手段行为或者结合犯的前一犯罪之后,以共同的犯罪故意单独或者帮助先行为人实施犯罪的目的行为或者结合犯的后一犯罪的犯罪人。继承性共犯只存在于两种犯罪形态中:一是由手段行为和目的行为结合而成的犯罪,二是结合犯。对继承性共犯应确定与被继承性共犯同样的罪名。

On Successive Joint Crime

Successive joint criminal refers to the offender who intentionally commits an offence on his/her own or helps the prior actor commit the offence after the prior actor has committed the offence, or the offender of the subsequent offence after the previous offence of a combinative crime has been committed. The successive joint criminal exists only in two types of crimes: one is the crime which is committed by combining act of method and act of purpose. The other is the combinative criminal. The successive joint criminals and joint criminals of being succeeded should be subject to the same counts.