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在各国关于共同犯罪的刑事立法中,存在着区分正犯与狭义共犯的二元参与体系和不作上述区分的统一正犯体系两大类型,两种体系各有不同的特点。我国刑法并未提到正犯的概念,我国学者在共犯研究中鲜有涉及到我国犯罪参与体系性质的问题。我国刑法对共犯分类采用的是统一正犯体系,与传统的统一正犯体系相比又具有我国的特色。确定我国刑法所规定的犯罪参与体系性质对于我国共同犯罪理论与实务上一系列问题的解决有重要意义。
In the criminal legislation of common crime in all countries, there are two types of dual participation system that distinguishes between criminals who are criminally and narrowly conscripted, as well as the two types of unified criminals who do not make the above distinction. The two systems have different characteristics. The criminal law of our country did not mention the concept of the true offender. Few scholars in our country studied the nature of the crime participation system in our country. The criminal law adopted by our criminal law for the classification of accomplice is a unified criminal system, which has the characteristics of our country compared with the traditional unified criminal system. Determining the nature of the crime participation system stipulated in the criminal law of our country is of great significance for solving a series of problems in the theory and practice of common crime in our country.