摘要：

对向犯理论存在诸多理论弊端，宜以合意关系取而代之。合意关系的成立具有“平等独立的复数主体”“交换合致的复数意思”“共生共存的复数行为”三个要件。对向关系、单位犯罪过程中执行单位惯常业务流程的职员之间的关系、中立业务行为的提供者与接收者之间的关系，均属于典型的合意关系。刑法中合意关系的讨论，不仅能够释清刑法理论上的若干误识，也有利于刑事立法罪刑规范的科学设置以及司法实践中对合意行为的准确定性。

关键词: 对向犯, 合意关系, 共犯, 处罚范围, 权利保障

Abstract:

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.

Key words: Correspondence Offense, Relationship of Mutual Assent, Accomplice, Scope of Being Punished, Protection of Rights