帮助犯概念与范畴的现代展开

传统的"四要件"犯罪构成理论前途未卜,以该理论为基础构建的共犯体系及相关知识亟需"安检"。与教唆犯相比,学界对帮助犯的研究有"厚此薄彼"之嫌,以通说有关帮助犯的概念为检讨契机,对帮助犯修正的构成理论"再修正",继而重新厘定帮助犯与相关范畴的关系,对正确定罪与合理量刑具有重要的参考价值。

Concept and Extent of Aiding and Abetting: A Modern Perspective

Since the traditional "4 elements" theory of construction of crimes is under suspicion,the regime of aiding and abetting set up on the theory and its relevant knowledge will surely need to be justified.Compared with solicitation,it seems that academic circle has paid too little to aiding and abetting.We should,setting out from the general concept of aiding and abetting,"revise" the logic of aiding and abetting and clearly demark the crime and its relevant areas,which is of reference significance to have the accused correctly convicted and adequately sentenced.