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共同过失犯罪是指二人以上违反共同注意义务,共同导致危害结果发生的共同犯罪形态。与共同故意犯罪相对,共同过失犯罪也是共同犯罪形态的一种。虽然传统刑法理论只承认共同故意犯罪形态,但是从过失犯罪的本质以及共同犯罪的本质上看,承认共同过失犯罪有着理论及现实上的必要性和可行性。本文认为共同过失犯罪有其特定的内涵,提倡共同过失正犯概念,有其理论和现实意义。
Crime of joint negligence means that two or more persons violate the common duty of care and jointly lead to the common criminal form in which the result of the harm occurs. Contrary to the common intentional crime, the crime of common negligence is also a kind of common criminal form. Although the traditional theory of criminal law only admits the common intentional criminal form, from the nature of the crime of negligence and the essence of the common crime, it is both theoretically and practically necessary and feasible to recognize the crime of common negligence. This article holds that the crime of common negligence has its own specific connotation and advocates the concept of joint negligence of the principal offender, which has its theoretical and practical significance.