论文部分内容阅读
统一正犯体系以扩张正犯概念为前提,不作正犯与共犯之间的区分,如此做法,能化解德、日区分制体系下正犯与帮助犯之界限、教唆犯与间接正犯之界限、过失共犯等诸多难题;且从外观表现上,显得更为经济、便利,逻辑上亦更为通畅。但其在着手之标准、特定参与类型的除罪化、量刑事由等方面也面临一定的困难。
Under the premise of expanding the concept of the principal offender, the unified offender system does not make the distinction between being a criminal and an accomplice. In this way, the boundary between the guilty and aiding criminals in Germany and Japan under the system of demarcation of Japan and demarcation lines, the boundary of abettors and indirect criminals and the accomplice of negligence can be solved Difficult problem; and from the appearance of performance, it is more economical, convenient, logically more open. However, it is also facing some difficulties in such aspects as the standards for its implementation, the decriminalization of certain types of participation, and the criminal penalties.