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《唐律》中共同犯罪的立法体现了中国古代共同犯罪制度的最高立法水准,研究《唐律》中的共同犯罪制度对发展和完善我国现代共同犯罪制度具有一定的借鉴作用,因此本文对《唐律》中共同犯罪的几个问题进行了分析论证。本文认为:《唐律》中共同犯罪的构成类型具有多样性,大致可分为三种;其共同犯罪人之间的首从划分标准也非单一的,归纳起来有六种;另外《唐律》中还存在对共同犯罪处罚时不分首从的规定。文章还驳斥了认为《唐律》中无共犯观念的论点,认为《唐律》中不仅存在正犯的概念,亦有共犯的观念,其共犯包括帮助犯、教唆犯,但不存在胁从犯
The legislation of common crime in “Tang Law” embodies the highest legislative level of the ancient Chinese common crime system. Studying the common crime system in “Tang Law” has some reference to develop and improve the modern common crime system in our country. Therefore, Tang law “in the joint crime of several issues were analyzed. This article argues that the types of common crimes in the Tang Law are diverse and can be divided into three categories. The criteria for dividing the first between the co-criminals are not single, and there are six kinds of common crime. In addition, There are also provisions on the indictment of common criminal penalties. The article also dismisses the argument that there is no concept of complicity in the ”Law of the Tang“ and holds that not only the concept of the true criminal but also the concept of accomplice exist in the ”Law of the Tang". The accomplices include helpers and abettors but no offender