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单一正犯体系是与区分制共犯体系相对的犯罪参与体系,可以分为形式的单一正犯体系与功能性单一正犯体系,这两种类型既有相同点,又有不同点。从立法论上看,功能性单一正犯体系在构成要件层面区分不同的犯罪参与形态,从而更有利于保障法治国家的明确性,因此是值得采用的体系。
The single principal offense system is a system of crime participation that is different from the system of differentiated crime, which can be divided into a form of a single principal offense system and a functional one-off offense system. The two types have similarities and differences. From a legislative point of view, the functional single-offender system distinguishes different forms of crime participation at the constitutional elements, which is more conducive to ensuring the clarity of the country ruled by law. Therefore, it is worth to adopt a system.