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目前,共同过失犯罪已成为了不可忽视的犯罪现象。但由于我国刑法明确规定,共同犯罪为共同故意犯罪,因此共同过失犯罪是否成立以及是否成立共同犯罪一直未得到法律上的确认。本文认为刑法理论需随实践发展需要而不断完善,应当摆脱传统共同犯罪的定义限制,将传统共同犯罪理论扩张为适应刑法发展需要的共同故意犯罪与共同过失犯罪。
At present, the crime of joint negligence has become a crime that can not be ignored. However, due to the criminal law clearly stipulated in our country and the crime of common crime being the common intentional crime, whether the crime of joint negligence is established and whether the joint crime is established has not been confirmed by law. This paper argues that the theory of criminal law needs to be constantly perfected with the needs of practical development. It should get rid of the definition limits of traditional common crime and expand the traditional theory of common crime into joint intentional crime and common negligent crime that meet the needs of the development of criminal law.