笔者认为,探讨教唆犯的性质应该以我国的犯罪论理论为理论基础。我国犯罪论理论认为:“行为符合犯罪构成是刑事责任的唯一根据。”也就是说,在教唆犯与实行犯构成共同犯罪的情况下,教唆犯与实行犯应符合相同的犯罪构成,他们之间的区别应在犯罪构成之内部要素上,而非犯罪构成要件之上。教唆犯本身的主客观相统一充足了犯罪构成要件,教唆犯与实行犯的关系应是包容与被包容的关系,教唆犯具有包容性。 In my opinion, to explore the nature of abettors should be based on the theory of crime in our country as the theoretical basis. The theory of crime in our country holds that: “Behavior complies with the constitution of crime as the only basis for criminal responsibility.” In other words, when an abettor and an accomplice constitute a common crime, the abettor and the perpetrator should meet the same criminal constitution, The difference between them should be on the internal elements of the constitution of crime, not on the elements of the crime. The abetting of the subjective and objective unity of abusive individuals adequately constituted the elements of the crime. The relationship between abettors and perpetrators should be inclusive and inclusive, and abettors should be inclusive.