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虽然片面共犯在我国刑法典中并没有明确的规定,然而片面共犯的现象在司法实践中却频繁出现。在刑法典中,我国传统理论观点认为片面共犯不是共同犯罪的一种,但是随着社会的快速发展,将片面共犯解释为共同犯罪的一种特殊形式,是大势所趋,并且也与我国刑法解释的基本原则相吻合。文章认为,刑法理论是为社会实践服务的,应根据社会实际的需要,对我国刑法典中共同故意犯罪的概念作新的解释,将片面共犯解释为共同犯罪的一种特殊形式,以便于为司法实践中处理片面共犯问题提供理论依据,做到罪责刑相一致。
Although one-sided accomplice does not have a clear stipulation in our country’s criminal code, the phenomenon of one-sided accomplice appears frequently in judicial practice. In the Penal Code, the traditional theory in our country believes that one-sided accomplice is not a kind of common crime. However, with the rapid development of society, it is the general trend to interpret one-sided accomplice as a common form of common crime. It is also explained by our country’s criminal law The basic principle is consistent. The article holds that the theory of criminal law serves social practice and should give a new explanation of the concept of common intentional crime in our country’s criminal code according to the needs of society. One of the special forms of joint crime can be interpreted as a special form of common crime, Judicial practice to deal with the issue of one-sided accomplice provide a theoretical basis to achieve the same crime and punishment.