数人犯罪的核心问题是确定正犯,台湾学者许玉秀指出:“确定了正犯,共犯相对地就确定了,也解决了正犯与共犯有无必要区分的问题。”~([1])在德、日刑法中,明确规定了正犯、教唆犯和帮助犯,共犯体系以正犯为中心。我国《刑法》明文规定了主犯、从犯和胁从犯,主犯是我国共犯体系的核心。虽然我国《刑法》没有明确规定正犯,但是讨论正犯问题仍然具有十分重要的意义:首先,主犯、从犯的认定主要解决共犯人的量刑问题,但是量刑的前提是解决共犯人的行为定性问题,而对共犯人的行为准确定性需要深入研究正犯概念。其次,德、日刑法中正犯概念日益实质化,出现了正犯主犯化 The core issue of the crimes of several people is to determine the principal offenders. According to Xu Yu-hsiu, a Taiwanese scholar, “Confirming the principal offender, the accomplice is definitely determined and also resolves the issue of whether there is any need to distinguish between the principal offender and the accomplice.” Germany and Japan criminal law, clearly defined the principal offender, abettor and helper, accomplice system as the center. China’s “Criminal Law” clearly stipulated the principal offender, accomplice and threatening accomplice. The principal offender is the core of China’s system of accomplice. Although the criminal law of our country does not clearly stipulate the regular criminals, discussing the problem of positive criminals still has very important meanings. First, the principal criminals and accomplices mainly solve the problem of sentencing of sentencing prisoners, but the premise of sentencing is to resolve the qualitative problems of the behavior of criminals, The accurate characterization of the co-prisoners’ behavior requires an in-depth study of the concept of the perpetrators. Second, the concepts of the principal offender in the German and Japanese criminal law have become more and more substantive