英美刑法中并不把教唆犯和共谋犯视为共同犯罪的范畴,而是单独评价。这种看似“特殊”的理论体系固然有其特定社会需要的考虑,但是也为我国的共同犯罪理论提供了有益的启发。本文通过分析大陆法系共同犯罪理论的新动向,认为:在实质意义上,犯罪永远是个人行为;共同犯罪只是一种现象,而不是一种实存,我们更应该重视共犯独立性说,从属性更多只有量刑意义,这对于现在猖獗的有组织犯罪也是一种积极的应对。 The Anglo-American criminal law does not regard abettors and conspirators as a category of joint crime, but evaluates them separately. This kind of seemingly “special ” theory system certainly has its particular social needs consideration, but also provides useful inspiration for our country’s common criminal theory. By analyzing the new tendency of the theory of common crime in the civil law system, this paper argues that in essence, crime is always an individual act. Joint crime is only a phenomenon, not a reality. We should attach more importance to the theory of accomplice independence from Attributes are more sentencing only, which is also a positive response to the now rampant organized crime.