俄国刑法学说中的共同犯罪(十九世纪中叶- 1917年)。第1部分

E. Georgievskiy, R. Kravtsov
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引用次数: 0

摘要

本文考察了俄国科学家的观点,他们对俄国革命前刑法共同犯罪制度的形成产生了重大影响。同时,运用具体的历史方法和比较(比较法)方法对共同犯罪制度的法律性质进行研究。作者得出结论,这一制度起源于十九世纪中叶。比以前发展得更密集。关于共同犯罪的理论规定,主要包括共犯和暗示,不仅在教科书和作者的讲座课程中有记载,而且在相当详细的专著中也有记载。确定共犯类型、共犯形式和共犯类型的一般方法开始趋于统一。目前正在首次尝试界定共谋和牵连的概念。实际上,一种单一的术语工具正在形成。同时,对于共同犯罪制度总量的界定方法也存在明显差异。一些研究者试图扩大共同犯罪的概念,不仅包括共犯,还包括其他形式的共犯,还有一些研究者试图用共犯的概念来涵盖尽可能多的共同犯罪案件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Joint Commitment of a Crime in the Doctrine of Russian Criminal Law (Middle XIX Century – 1917). Part 1
This paper examines the views of Russian scientists who had a significant impact on the formation of the institution of joint commission of a crime in Russian pre-revolutionary criminal law. At the same time, specific historical and comparative (comparative legal) methods are used to study the legal nature of the institution of joint commission of a crime. The authors come to the conclusion that this institution from the middle of the XIX century. develops much more intensively than before. Theoretical provisions on the joint commission of a crime, which mainly include complicity and implication, are published not only in textbooks and author’s lecture courses, but also in rather detailed monographic studies. The general approach to determining the types of accomplices, forms and types of complicity is beginning to be unified. The first attempts are being made to define the concepts of complicity and implication. In practice, a single terminological apparatus is being formed. At the same time, the difference in approaches to the total volume of the institution of joint commission of a crime is also obvious. Some researchers are trying to expand the concept of joint commission of a crime by including not only complicity, but also other forms, others are trying to cover the maximum possible number of cases of joint commission of a crime with the concept of complicity.
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