摘要
混合身份共同犯罪在定性上,关键是要认清共同犯罪的整体性,它是一个整体的行为,在刑法上也应该体现这一整体性,定一罪名适用一刑罚;共同犯罪会触犯两个以上罪名,这也是一种客观事实,但共同行为本身也是集中或者主要体现某一犯罪的性质,也是基于此可找到定性的合理依据。
The key to the mixed identity as a common crime in the qualitative is to recognize the common crime as a whole; it is an act of the whole. The criminal code should be also reflected on the integrity; a charge will be applied to a penalty; meanwhile, the common crime is to be committed two or more charges, which is an objective fact. However, the act itself is also a common focus or the nature mainly reflected a crime. Based on the analysis of theory, it is able to found a reasonable basis for the qualitative.
出处
《宜宾学院学报》
2009年第3期62-64,共3页
Journal of Yibin University
关键词
共同犯罪
混合身份
定性研究
Common Crime
Mixed Identity
Qualitative Research
