論刑法中的合意關系

On Relationship of Mutual Assent In Criminal Law

"對向犯理論存在諸多理論弊端，宜以合意關系取而代之。合意關系的成立具有""平等獨立的復數主體""""交換合致的復數意思""""共生共存的復數行為""三個要件。對向關系、單位犯罪過程中執行單位慣常業務流程的職員之間的關系、中立業務行為的提供者與接收者之間的關系，均屬于典型的合意關系。刑法中合意關系的討論，不僅能夠釋清刑法理論上的若干誤識，也有利于刑事立法罪刑規范的科學設置以及司法實踐中對合意行為的準確定性。"

"The theory of correspondence offense has several disadvantages, and it should be replaced by relationship of mutual assent. The relationship of mutual assent in criminal law consistes of three elements: more than two equal and independent actors, more than two wills which are produced by negotiation, and more than two actions which are executed respectively but at the same time. The relationship of actors during the process of correspondence offense, the relationship among those employees taking part in the crime committed by unit, and the relationship between the offeror and recipient, belong to the same very relationship. The study of relationship of mutual assent in criminal law, can not only solve many problems in criminal theory and criminal legislation, but also give instructions to judges during the process of determination of actions characterized by relationship of mutual assent."