涉众型经济犯罪共犯退赔责任的重构——以作用力责任理论为中心

The Reconstruction of the Liability for Accomplice Compensation in Stakeholder Economic Crimes—Focusing on the Theory of Force Responsibility

摘要: 涉众型经济犯罪共犯退赔责任的认定存在立法模糊与司法混乱。本文以作用力责任理论为中心，重构共犯退赔规则。该理论主张共犯仅以其行为对团体获利的因果贡献(作用力)为限，按份承担退赔责任，构建“团体责任对象 + 个人按份主体”双层架构：责任基础以因果贡献度取代客观获利，责任对象涵盖团体亏损总额，承担方式坚持纯按份、不连带。通过“层级定位–数额对应–行为类型”三维认定标准及特殊情形处理规则，实现被害人保护与从犯权利保障的双重正义。

Abstract: There is legislative ambiguity and judicial confusion in the determination of liability for accomplice compensation in stakeholder economic crimes. This paper focuses on the theory of force liability and reconstructs the rules for complicity refund. This theory advocates that accomplices are only limited to the causal contribution (force) of their actions to the group’s profits, and bear the liability for compensation according to their shares, and construct a two-layer structure of “group responsibility object + individual subject according to share”: the responsibility basis is replaced by the causal contribution to objective profits, the responsibility object covers the total loss of the group, and the assumption method adheres to pure proportion and no joint and several. Through the three-dimensional identification standard of “hierarchical positioning-amount correspondence-behavior type” and the rules for handling special situations, the dual justice of victim protection and the protection of the rights of accomplices is realized.