帮助犯边界研究
发布时间：2019-05-19 06:42
【摘要】：共同犯罪问题乃刑法理论研究领域的核心问题,也是刑事司法实践领域的复杂难题。对于该问题,凡在刑法学园地中深耕之学人,无人敢于怠慢,也无人能够回避。在共同犯罪这一大的范畴下,帮助犯的边界问题举足轻重,探讨区分帮助犯与正犯、帮助犯与教唆犯、帮助犯与中性帮助行为之原则与标准,并在此基础上形成一套完整的、周密的、逻辑自洽的帮助犯认定方法,于刑法理论与实践皆大有裨益。本文以罪刑法定原则、法益保护原则、人权保障原则为根本指导原则(基本出发点),以绝对结果无价值论为犯罪论之基石或曰犯罪之本质,就帮助犯边界之明确展开论述,进而形成界定共同犯罪-区分帮助犯与正犯-区分帮助犯与教唆犯-区分帮助犯与中立帮助行为的帮助犯系统性认定方法。本文导论部分简析了共同犯罪、帮助犯研究陷入艰难而又窘迫境地的原因,以及作者写作本文的意图;第一部分就帮助犯的有关基本问题进行界定与陈述,并在合适的位置穿插了作者的个人评价与主张,这些问题包括帮助犯的概念、帮助犯的体系、帮助犯的处罚根据等;第二部分在共同犯罪内部展开讨论,对共同犯罪成立范围、帮助犯与正犯界分问题、帮助犯与教唆犯界分问题进行了详细阐述。共同犯罪成立范围这一课题所要解决的问题是数个行为在何种情况下具备何种条件方可成立共同犯罪,共同犯罪的成立乃探讨帮助犯与正犯、帮助犯与教唆犯界分的前提。对于帮助犯与正犯之界分,综述了问题之渊源以及在共同犯罪理论史中围绕该问题形成的诸多理论与见解,同时作者也陈述了自己的观点以及论证;第三部分是对帮助犯与中立帮助行为的论述。在共同犯罪的成立范围这一课题下解决了满足何种条件数个行为方可构成共同犯罪的问题,然而这种判断是一种略显粗放的、概括的判断,常将形似帮助犯实则中立帮助行为的情况纳入其中,这就需要就具体情形进行精细判断,将帮助犯与中立帮助行为区分开来;第四部分乃文章之结论,明确共同犯罪认定-区分帮助犯与正犯-区分帮助犯与教唆犯-区分帮助犯与中立帮助行为这一帮助犯界分与认定的系统性方法。
[Abstract]:The problem of joint crime is not only the core problem in the field of criminal law theory research, but also a complex problem in the field of criminal justice practice. For this problem, no one dares to neglect, and no one can avoid it, who ploughed deeply in the criminal law garden. Under the scope of joint crime, the boundary problem of aiding crime plays an important role, and probes into the principles and standards for distinguishing aiding offender from principal offender, aiding offender and abettor, aiding crime and neutral aiding act, and forms a complete set of principles and standards on this basis. Careful, logical and self-consistent identification methods of helping criminals are of great benefit to both criminal law theory and practice. This article takes the principle of legality of crime and punishment, the principle of protection of legal interests, the principle of human rights protection as the fundamental guiding principle (basic starting point), takes the theory of absolute result without value as the cornerstone of crime theory or the essence of crime, and discusses the clear boundary of helping crime. Then the systematic identification method of defining joint crime, distinguishing accomplice from principal offender, distinguishing accomplice from abettor, distinguishing aiding crime from neutral aiding act is formed. The introduction part of this paper briefly analyzes the causes of joint crime, helping criminals to study the difficult and embarrassing situation, and the author's intention to write this article. The first part defines and states the basic problems of helper crime, and intersperses the author's personal evaluation and proposition in a suitable position, including the concept of helper crime, the system of helper crime, the basis of punishment for helping crime, and so on. The second part discusses the scope of joint crime, the distinction between aiding crime and principal crime, and the division between aiding crime and abetting crime. The problem to be solved in the scope of joint crime is under what circumstances can several acts have the conditions to establish joint crime. The establishment of joint crime is the premise to explore the distinction between aiding crime and principal crime, aiding crime and abetting crime. With regard to the distinction between helping crime and principal offender, this paper summarizes the origin of the problem and many theories and opinions formed around this problem in the history of joint crime theory. At the same time, the author also states his own views and argumentation. The third part is the discussion of help crime and neutral help behavior. Under the subject of the scope of the establishment of joint crime, the problem of what conditions can be met to constitute joint crime has been solved, but this judgment is a slightly extensive and general judgment. Often, it is necessary to judge the specific situation and distinguish the help crime from the neutral help behavior, which often includes the situation which is similar to the help crime while the neutral help behavior is included in the case of help crime, which requires careful judgment of the specific situation and the distinction between the help crime and the neutral help behavior. The fourth part is the conclusion of the article, which is a systematic method to distinguish the boundary between the accomplice and the neutral accomplice, which is the systematic method of distinguishing the accomplice from the principal offender, the distinction between the accomplice and the abettor, and the distinction between the accomplice and the neutral aiding act.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.1
，
本文编号：2480484
[Abstract]:The problem of joint crime is not only the core problem in the field of criminal law theory research, but also a complex problem in the field of criminal justice practice. For this problem, no one dares to neglect, and no one can avoid it, who ploughed deeply in the criminal law garden. Under the scope of joint crime, the boundary problem of aiding crime plays an important role, and probes into the principles and standards for distinguishing aiding offender from principal offender, aiding offender and abettor, aiding crime and neutral aiding act, and forms a complete set of principles and standards on this basis. Careful, logical and self-consistent identification methods of helping criminals are of great benefit to both criminal law theory and practice. This article takes the principle of legality of crime and punishment, the principle of protection of legal interests, the principle of human rights protection as the fundamental guiding principle (basic starting point), takes the theory of absolute result without value as the cornerstone of crime theory or the essence of crime, and discusses the clear boundary of helping crime. Then the systematic identification method of defining joint crime, distinguishing accomplice from principal offender, distinguishing accomplice from abettor, distinguishing aiding crime from neutral aiding act is formed. The introduction part of this paper briefly analyzes the causes of joint crime, helping criminals to study the difficult and embarrassing situation, and the author's intention to write this article. The first part defines and states the basic problems of helper crime, and intersperses the author's personal evaluation and proposition in a suitable position, including the concept of helper crime, the system of helper crime, the basis of punishment for helping crime, and so on. The second part discusses the scope of joint crime, the distinction between aiding crime and principal crime, and the division between aiding crime and abetting crime. The problem to be solved in the scope of joint crime is under what circumstances can several acts have the conditions to establish joint crime. The establishment of joint crime is the premise to explore the distinction between aiding crime and principal crime, aiding crime and abetting crime. With regard to the distinction between helping crime and principal offender, this paper summarizes the origin of the problem and many theories and opinions formed around this problem in the history of joint crime theory. At the same time, the author also states his own views and argumentation. The third part is the discussion of help crime and neutral help behavior. Under the subject of the scope of the establishment of joint crime, the problem of what conditions can be met to constitute joint crime has been solved, but this judgment is a slightly extensive and general judgment. Often, it is necessary to judge the specific situation and distinguish the help crime from the neutral help behavior, which often includes the situation which is similar to the help crime while the neutral help behavior is included in the case of help crime, which requires careful judgment of the specific situation and the distinction between the help crime and the neutral help behavior. The fourth part is the conclusion of the article, which is a systematic method to distinguish the boundary between the accomplice and the neutral accomplice, which is the systematic method of distinguishing the accomplice from the principal offender, the distinction between the accomplice and the abettor, and the distinction between the accomplice and the neutral aiding act.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.1
，
本文编号：2480484
本文链接：https://www.wllwen.com/falvlunwen/xingfalunwen/2480484.html
