试论共同过失犯罪

刑法第25条规定,二人以上共同过失犯罪,不以共同犯罪论处。但在刑法理论界,关于共同过失犯罪的争议并没有因为立法的规定而停止。随着一些国家以判例的形式肯定了共同过失犯罪的存在,关于一些行为是否成立共同过失犯罪、共同过失犯罪是否属于共同犯罪以及对这些行为该如何处罚等问题,已成为刑法学研究、关注的焦点。

On Common Involuntary Crime

The 25th Article of the Criminal Law provides that common involuntary crime committed by over two persons will not be dealt with as common crime. But in the scholar circle of the Criminal Law, the controversy about common involuntary crime has not stopped due to the legal provision. After some countries affirmed common involuntary crime in the form of court decision, whether some conducts constitute common involuntary crime, whether common involuntary crime belongs to common crime, and how these conducts be punished have become the highlight in the field of criminal law study.