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本文首先梳理了共犯中止和共犯脱离的概念,确立共犯中止的实质是中止。接着用图文结合的方式,从现行刑法的角度,分别讨论了实行犯,组织犯,教唆犯,帮助犯的犯罪中止的条件问题。从中止犯成立的三要件出发阐述了对一些争议问题的看法。认为实行犯的部分中止必须满足有效性要件。组织犯中止除满足有效性要件之外,集团犯罪的组织犯还要解散犯罪集团。危害行为未发生时教唆犯的中止与被教唆者自作主张发生的危害结果无关。帮助犯在预备阶段存在中止,以及帮助犯中止的要达到有效性需从主客观两方面消除对其他共犯的影响。
First of all, this article combs the concept of the termination of accomplice and the separation of accomplice, and concludes that the essence of suspension of accomplice is suspension. Then, with the combination of graphic and textual methods, from the perspective of the current criminal law, the conditions for the suspension of criminals who committed, organized, abetted and helped to commit crimes were discussed respectively. Starting from the three elements that set off suspects, this article expounds the views on some controversial issues. A partial suspension of the perpetrator must satisfy the validity requirement. Organizational offenses In addition to satisfying the elements of validity, the criminal groups of the corporation commit the dissolution of criminal syndicates. The suspension of the abettor in the absence of a harmful act has nothing to do with the harm done by the abettor himself. Helping prisoners to suspend in the preparatory phase and assisting criminals in achieving their effectiveness need to eliminate the impact on other co-criminals from both subjective and objective perspectives.