对合犯若干问题探讨

对对合性犯罪应当采取广义的概念,仅仅只有一方构成犯罪的情形也属于对合犯的范畴;对于具有对合性质的行为,既要避免将其一律作为犯罪,也要避免将严重的对合性行为非罪化的倾向;对合犯的处理应当同样适用刑法总则的规定;对合犯既遂的标准是对合行为的完成.

On Some Question of Correspondence Offense

Correspondence offense contains the crime which only one side of the conduct with corresponding relation constitute crime. We should avoid both the tendency of taking all the corresponding conduct as crime and taking some serious dangerous act as non crime. Correspondence offense should apply to the general provision of criminal law. The standard of accomplishment of the correspondence offense is the accomplishment of conduct.