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教唆行为的定位问题不仅关涉教唆者的定罪量刑,也关涉共犯体系的发展与完善。传统的教唆行为共犯性理论在共同犯罪的构成要件判断、立法协调性及司法裁定的妥当性等方面,都存在解释论上的困难。承认教唆行为为具有独立构成的实行行为符合正犯行为的判断标准,同时也能有效地消解教唆行为共犯性语境下的诸多尴尬。
The orientation of abetting behavior not only concerns abettor’s sentencing and sentencing, but also relates to the development and improvement of the accomplice system. The traditional abusive theory of abetting theory has some difficulties in interpretative theory in judging the constitutional elements of common crime, the coordination of legislation and the validity of judicial decisions. Recognition of abetting behavior as an independent constituted practice is in line with the standard of judgment of offenders, but also can effectively resolve many embarrassment under the complicity of abetting behavior.