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关于共同犯罪在什么方面具有共同性这一涉及共犯的根本问题,理论上存在(部分)犯罪共同说和行为共同说的对立。我国通说主张(部分)犯罪共同说,即认为共同犯罪本质上是数人“共犯一罪”(罪名同一性说或者罪名从属性说)。但该说存在着无视共同犯罪的实质是客观归责、不当限缩了共同犯罪的成立范围、有违责任主义以及造成定罪和科刑的分离等诸多问题。从共同犯罪的立法和理论旨在解决参与人的客观归责问题和责任个别作用的原理出发,只要各参与人之间具有行为的共同或者违法事实的共同,即可成立共同犯罪。在此基础上,结合各参与人的责任内容予以定罪处罚。所以,共同犯罪的本质在于“数人共犯数罪”(罪名独立性说)。
On the fundamental issue that common crimes have commonality in all aspects involving accomplice, there is theoretically a (opaque) crime that both say and oppose. My country says that advocating (part of) the crime together states that the common crime is that it is essentially “several people who commit a single offense” (the principle of the accusation of sin or the accusation of guilt). However, there are many problems such as ignoring the fact that the essence of a common crime is objective imputability, improperly restricting the scope of the establishment of a common crime, violating the responsibilityism and causing the separation of conviction and punishment. Starting from the principle that the legislation and theory of joint crime aim at solving the problem of objective imputation of participants and the individual role of responsibility, joint crime can be established as long as there is common behavior or common fact of illegality between all participants. On this basis, convicted and punished according to the responsibilities of all participants. Therefore, the essence of the crime of common crime lies in “several crimes committed by a few people” (guilty of independence).