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身份犯共同犯罪是刑法理论中共同犯罪论部分比较复杂的一个问题,有分别定罪说、统一定罪说和折衷说。这些学说各有一定的合理性,但也存在缺陷。我国刑法总则没有明确规定共同犯罪与身份的关系,只是在分则和有关司法解释中就个别身份犯共同犯罪的问题进行了规定,这给司法实践带来了诸多不便和困难。因此,在理论上加以厘清,在实践中完善我国的刑事立法,对身份犯共同犯罪的正确定罪和量刑具有重要意义。
The common crime of identity crime is one of the more complicated part of the common crime theory in the theory of criminal law. There are separately conviction, unity of conviction and compromise. Each of these theories has its own rationality, but it also has some defects. The general principle of criminal law in our country does not clearly stipulate the relationship between common crime and identity. It only stipulates the issue of joint crimes committed in individual capacity in the sub-clauses and relevant judicial interpretations, which brings many inconveniences and difficulties to the judicial practice. Therefore, it is of great significance to clarify theoretically and improve our country’s criminal legislation in practice, and to correctly convict and sentence the common crime of identity crimes.