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“片面共犯”理论形成于刑事古典学派与刑事实证学派的共犯理论交锋之后,但是关于“片面共犯”的性质国内外刑法学界都存在较大争议。笔者认为原则上“片面共犯”并不能成立,只有在条件极为特殊的情况下,“片面共犯”才可以成立。笔者通过本文分别阐述了一般“片面共犯”不能成立的理由,以及特殊的“片面共犯”成立的条件。
The theory of “one-sided accomplice” came into being after the confrontation theory between criminal classical school and criminal positivism school, but there is much controversy about the nature of “one-sided accomplice ”. In principle, the author believes that “one-sided accomplice” can not be established. Only under the extremely special conditions can “one-sided complicity” be established. Through this article, the author elaborates on the reasons why general “one-sided accomplice” can not be established and the special conditions for the establishment of “one-sided accomplice”.