论继承的共同正犯

所谓继承的共同正犯,指先行为者已经实施了一部分实行行为之后,后行为者以共同实行的意思参与实行犯罪的情况.对于后行者是否应当对先行者行为所造成的结果承担责任,刑法理论界存在着不同的观点.后行为者和先行为者对全体实行行为成立共同正犯,但是,后行为者的责任应当具体判断.

On the Successive Joint Principal Offender

Successive joint principal offender means after the original party has carried out a certain criminal action,in the process that has not been completely finished the original party comes to the join crime deliberation with other relevant people,and on the basis of this common agreement they commit the criminal action together.With reference to the issue that whether the latter party should take responsibility for the detrimental result that caused by the pre-executor,there are some different argues.The article agrees the latter and the original should establish the criminal action together completely,but the responsibility of latter party should be judged independently.