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关于共犯的罪数判断标准,学界主要有正犯行为标准说、共犯行为标准说、分割可能性说、不作为犯类似说等学说。通过分析德、日等国刑法理论关于共犯的处罚根据的讨论,共犯的实施方式以及违法性判断与单独正犯相比都存在一定的区别,结合我国刑法理论关于共犯问题的特殊见解,在罪数的判断方面,共犯行为标准说应当予以坚持。
As to the criteria for determining the number of accomplices, the academic circles mainly include the standards of the principal offenders, saying that the standard of accomplices, the possibility of division, the theory of no interception, and the like. By analyzing the discussion on punishment basis of accomplice in the criminal law theory of Germany, Japan and other countries, the implementation methods of accomplice and the judgments of illegality have some differences compared with those of single criminals. Combining the special theory of criminal law in our country on the problem of accomplice, As for the judgment, the standard of accomplice should be upheld.