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过失共同正犯是否成立,是刑法领域颇具争议的问题之一。由于对共同实行意思的理解不同,西方刑法理论上一直存在着肯定说、否定说与限制肯定说三种学说。在我国现行刑法之下,难以从解释论上肯定过失的共同犯罪,但抓住过失犯和共同正犯的本质特征,从立法论的角度仍有探讨过失共同正犯成立合理性与可行性的余地。
It is one of the controversial issues in the field of criminal law that the negligence of common criminals is established. Due to the different understanding of the meaning of common practice, the theory of western criminal law has always been affirmatively stated, and the theory of denying and restraining is affirmed that the three theories. Under the current criminal law in our country, it is difficult to find a common offense that affirms negligence in interpretative theory. However, from the perspective of the theory of law, there is still room for establishing the reasonableness and feasibility of negligent common criminals.