共同犯罪的想象竞合犯问题研究

共犯的想象竞合犯是共犯与罪数形态的交叉领域,共犯在本质上是共同的故意,想象竞合犯本质上是实质的一罪,共犯的想象竞合犯是指二人以上基于共同的故意实施一个共犯行为触犯数个罪名的犯罪。共犯的想象竞合犯客观上实施了共同故意支配下的一个共犯行为,主观上对触犯的数个罪名都是故意。在定罪和量刑上应兼顾共犯和想象竞合犯的特点,将共犯的定罪量刑原则和想象竞合犯的定罪量刑原则相结合,正确认定其刑事责任。

Study on the Imaginative Joinder of Offences in Joint Crime

The imaginative joinder of offences in joint crime is the cross fields of joint crime and the quantity of crime.The joint crime in essence is based on one common purpose,while imaginative joinder of offencee is in essence one criminal behaviour.The imaginative joinder of offences in joint crime refers to the crime that two or more people conduct an accomplice which offend several crimes based on one common purpose.The accomplice objectively carry out one accomplice behaviour with one common intention but subjectively break several charges intentionally.In conviction and sentencing,consideration should be given to both the characteristics of joint crime and imaginative joinder of offences,and combine the conviction and sentence principles of these two types of crimes,in order to make cognizance of criminal responsibility.