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虽然对牵连犯的研究已有百年历史了,各国的实践作法也各有千秋,但牵连犯是否应独立成为一种理论来研究,现在看来似乎值得商榷,当然由此引发的牵连犯存废之争也还在继续激烈进行着。通过对牵连犯保留论者驳斥废除论者的理由进行再驳斥,能肯定牵连犯已没有在理论上占有一席之地的必要,但同时也不能否定现实中存在的具有牵连关系的现象存在,对此,应该按有法律法规的,从法律规定;无法律规定的,依法官自由裁量。
Although the study of implicated criminals has been around for a hundred years and the practices of different countries have their own advantages and disadvantages, it seems questionable whether the implicated criminals should become a kind of theory to study independently, of course, It is still going on intensely. Refuting the reasons why the implicated offender refuted the abolitionist can affirm the necessity that the implicated criminals have no theoretical place, but at the same time can not deny the existence of the implicated relationship existing in reality. To this end, Should be according to laws and regulations, from the law; no law, according to the judges discretion.