承继的共犯不仅在理论上有肯定说、否定说和中间说的争议,在司法实践中也存在不同的判例,下文中的判例是日本最高裁判所首次对承继的共犯作出的判决,从判决意见中可以认为该判决采用的是中间说,该判决给我国带来了一定的启示。本文认为承继的共犯继承的是行为,认定承继的共犯不应当只强调“利用意思”而应当注重客观面的考察,即主要看后行为人参与的是否为重要部分或者先行为人的行为是否在继续。 Inheriting accomplices is not only theoretically affirmative. There are also different precedents in the judicial practice. The judgments in the text below are the first judgments of the supreme court of Japan to be carried on to the succeeding accomplices. From the opinions of the judgments It can be considered that the judgment was adopted in the middle saying that the judgment brought some enlightenment to our country. This article holds that the accomplice to be inherited is an act of succession, and the accomplice that finds it should be inherited should not only emphasize the use of meaning, but should pay attention to the investigation of the objective side, ie whether the latter is involved as an important part or as an antecedent Whether to continue.