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关于片面共犯,现实中是客观存在的,但对于它的学理分析,学界尚有很多争议,很多文章从它的理论基础、性质、成立要件等方面进行分析试图完善片面共犯理论。本文仅对片面共犯在我国的立法实践进行考察,并对尚未被立法囊括的片面实行犯、片面教唆犯进行分析,对我国现行立法关于片面共犯理论的完善提出了相关建议。
The one-sided accomplice, in reality, is an objective reality. However, there are still many controversies in its academic analysis. Many articles attempt to perfect the theory of one-sided complicity from the aspects of its theoretical foundation, nature and elements of its establishment. This article examines only the one-sided accomplice’s legislative practice in our country, analyzes the one-sided abettor and one-sided abettor that have not yet been enacted by legislation, and puts forward some suggestions on how to perfect the theory of one-sided complicity in current legislation in our country.