摘要： 对裁判文书的类型化分析旨在揭示实务中的牵连关系类型。总体印象上,牵连犯涉及罪名多、范围广,与其他罪数形态(尤其想象竞合)混淆的现象较常见;司法解释仍是平息牵连犯纷争的重要举措;手段目的牵连占压倒多数,原因结果牵连凤毛麟角,而这可能是传统二分法的误读所致。具体类型上,有“伪造文书型、侵入住宅型”等传统纯正的牵连关系类型,也有“想象竞合型”的混合的牵连关系类型,还包括“法益同一型、与罚后行为(期待可能)型”这样不纯正的牵连关系类型。多种牵连类型表明实务中的牵连犯已蜕变为非典型一罪的兜底概念,这是我国刑法视域下牵连犯概念的独特品质。

关键词: 牵连犯, 牵连关系类型, 司法认定, 类型化分析

Abstract: The typification analysis of judicial documents about implicated offense is aimed at discovering the types of implicated relationships in judicial practice.Implicated offense involved multiple charges and a wide range.The phenomenon of confusion between implicated offense and other forms of crime's number (especially imaginative competition)was relatively common.Judicial interpretation remained an important measure to quell disputes over implicated offense.The type of “means-purpose relationships” accounted for the overwhelming majority, while the type of “cause-result relationships” was rare, which might be due to the misreading of traditional classification.In terms of specific types, there are not only traditional “type of pure implicated relationship”, but also “type of mixed implicated relationship”, and even “type of impure implicated relationship”.The existence of different types of implicated relationships indicated that implicated offense has evolved into an Miscellaneous Provisions, which is a unique feature of implicated offense in the perspective of China's criminal law.

Key words: Implicated Offense, Types of Implicated Relationships, Judicial Determination, Typification Analysis