贪污共犯中主从犯的认定问题探讨

在贪污共犯中不分主从犯一律定为贪污罪,这属于立法上的特别规定。该特别规定与一般共同犯罪中确定犯罪性质时采取"主犯决定论"两者是一般与特殊的关系,并且贪污共犯的特别规定内容,有很重要的一部分就是"主犯决定论"。贪污共犯的特别规定,虽有利于统一认定国家工作人员的贪污犯罪行为,但也存在量刑上轻重不一致的弊端。

A Discussion of Recognized Problems of the Principal and Accessory in Accomplice of the Crime of Embezzlement

The legislation specially provides that there is no difference between the principal and accessory in the accomplice of the crime of embezzlement and all are considered the crime of embezzlement.While determining the criminal nature in the general accomplice , the special provision with the principal determination serves as a specialty in accomplice of the crime; and a major part of the special provision of the accomplice of the crime of embezzlement is its principal determination.The special provision of the accomplice of the crime of embezzlement does good to determining the crime of embezzlement of the behaviors of state functionary, but there also exits the disadvantage of unbalance between light crimes and serious crimes.