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在大陆法系刑事立法的发展完善过程中,结合犯占有一席之地。我国刑法至今仍未规定典型的结合犯,但基于规范目的及刑法理性的考察,应当重视对结合犯适用问题的研究。结合犯的既、未遂应以他罪为标准。结合犯的中止宜以后一个犯罪是否中止为标准。结合犯的共同正犯是客观存在的,但当后行为人仅实施了部分实行行为时,只能对参与后的行为及结果负责。
In the civil law system of criminal legislation to improve the process of development, combined with a place. The criminal law in our country still has not stipulated the typical combination crime, but based on the purpose of the regulation and the investigation of criminal law rationality, we should attach great importance to the research on the problem of the combination offense. Both guilty of the crime, the attempt should be his crime as the standard. Whether the suspension of a combination of crimes should be suspended after a crime is the standard. Joint guilty of joint guilty of an offense is an objective reality, but when the perpetrator is only part of the implementation of the act, only responsible for the behavior and the results after the participation.