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共同犯罪中止历来是刑法学研究的一个难点问题,源于它集共同犯罪和犯罪中止两个犯罪形态的特点。共同犯罪被学界成为绝望之章,犯罪中止的认定一直是司法实践中的一个难点。因此,关于共同犯罪中止问题的专著鲜有问世,没有实质突破性的研究。但是,在实践中有很多与共同犯罪中止问题相关的案件,我国一直采用统一的犯罪中止认定标准来处理共同犯罪中止问题。这种处理方式忽略了共同犯罪相对于单独犯罪的特殊性和复杂性,使认定标准过于严格,不利于鼓励犯罪中止、降低被害人的风险、分化瓦解共犯组织。因此,研究国内外共同犯罪中止的理论,并结合我国国情适合引入国外相关理论来解决该问题就显得极为重要。
Suspension of common crime has always been a difficult problem in the study of criminal law, which stems from the fact that it combines two types of crime: joint crime and criminal suspend. Joint crime has become the chapter of despair by the academic circles, and the determination of the suspension of a criminal offense has always been a difficult point in judicial practice. Therefore, monographs on the issue of the suspension of joint crimes are rare and there is no substantive breakthrough research. However, in practice, there are many cases related to the issue of the suspension of joint crimes. Our country has consistently adopted the standard of termination of criminal suspects to deal with the suspension of joint crimes. This approach ignores the particularity and complexity of the crime of joint crime as compared with that of a single crime, so that the standard of determination is too strict, which is not conducive to encouraging the suspension of crime, reducing the risk of the victim and disintegrating the accomplice organization. Therefore, it is very important to study the theory of suspending the joint crime both at home and abroad and solve the problem when it is suitable to introduce the relevant theories from abroad for our national conditions.