论共犯关系的竞合

共犯竞合是指共同犯罪中共犯人兼任多种共犯形态的一种犯罪现象 ,它不仅存在于以分工分类的德日刑法中 ,而且在我国主要以作用分工的共犯理论中也现实存在。对于不同共犯理论中的共犯竞合 ,其解决的方法和机能存在差异。德日刑法中的共犯竞合在于从竞合的共犯形态中选择择一共犯人形态进行定罪量刑 ,而我国的共犯竞合理论仅是为研究、了解共犯人在共犯中的不同身份以及对共犯事实的作用大小 ,进而为认定各共犯人是否为主犯或从犯服务。

Superposition of Joint Offence Relation

Joint offence superposition refers to a phenomenon of crime in which joint offender during the course of the offence simultaneously meets several forms of joint offence. It not only exists in German and Japanese criminal laws which are classified in division, but also exists in the joint offence theory of China which is mainly classified in role. For different joint offence superposition in different theories, there are divergences in resolving methods and functions. The joint offence superposition in German and Japanese criminal laws seek to select a form of joint offence from all forms which are superposed, so as to convict crimes and assess punishments. Whereas the joint offence superposition theory in China only serves to research and find out the different identifications in joint offence and the different roles in joint offence facts of different offenders, then identify whether the joint offenders are major or accessory offenders.