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主犯与正犯的关系问题是主犯的理论界定问题之重心。本文指出在不同的理论范畴内,正犯承载的功能不同,其内涵与外延亦不相同。在德日等国的刑法理论中,正犯已与我国的主犯概念相差无几;而在我国刑法理论中,主犯包括但不限于在共同犯罪中起主要作用的正犯。
The relationship between the principal and the principal offender is the center of gravity of the theoretical definition of the principal. This paper points out that in different theoretical categories, the functions of prisoners are different, its connotation and extension are not the same. In the criminal law theories of Germany and Japan, the principal offender has almost the same concept as the main criminal in our country. In our criminal law theory, however, the principal offender includes but is not limited to the principal offender who plays a major role in the joint crime.