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在共犯论体系问题上,德日刑法学界的通说为二元的犯罪参与体系,刑法典也明文采取限制的正犯概念,共犯理论基本围绕正犯构建。严格区分正犯与共犯,不仅有助于准确定性,而且对正确量刑具有举足轻重的意义。研究德、日两国刑法学理论与实务在共犯界限方面的变化,勾勒其变迁轨迹,并进一步就其变迁原因进行追问,对构建我国的共犯论体系具有重要的参考价值。
On the question of a total offense system, the theory of criminal law in Germany and Japan is generally described as a dual system of participation in crime. The criminal code also adopts a limited concept of the principal offender, and the theory of accomplice basically centers on the construction of a regular criminal. Strictly distinguish between guilty of crimes and accomplices, not only contribute to accurate qualitative, but also have a pivotal significance in the correct sentencing. Studying the changes of the theory and practice of criminal law in Germany and Japan in terms of the limits of the accomplice, sketching the path of its change and further questioning its changing causes have important reference value for building an atrocities theory in our country.