共同过失犯罪的概念及特征

共同过失犯罪,是指负有共同注意义务的二个以上的行为人,由于共同的不注意,共同实施或促成了违反共同注意义务的行为,造成危害结果发生的一种共同犯罪形态。过失教唆犯、过失帮助犯能够成立共犯,即使在立法中予以确认也不会导致处罚范围的扩大和刑法谦抑原则的违反。在共同过失犯罪中,数人实施或促成了违反共同注意义务的共同行为,并且数个行为人都负有防止危害结果发生的共同注意义务,导致了危害结果的发生;在主观方面,各行为人在主观上都是过失,各行为人对危害结果所抱的心理态度也基本相同。

The Defintion and Feature of Common Criminal Negligence

Common criminal negligence denotes the common offense pattern made by two more actors having the duty of paying common attention, for their common negligence, who jointly executed or facilitated the act violating the duty of common attention, and finally resulted in dangerous consequence. Negligent abettor and negligent accessory may establish a common offense, which, though, is identified in legislation, and it cannot result in the extension of punishment scope and violating of the principle of economy application of criminal law. In common criminal negligence, plural actors execute or facilitate the common acts violating their duty of common attention, and furthermore they all boast of the common attention duty towards avoiding the consequence of their jeopardizing acts, which finally contributes to the emergence of jeopardizing effect. From the subjective stand, each actor have negligence and their attitudes to the consequence of the jeopardizing acts are basically identical.