片面共犯之成立依据

Unilateral Complicity to be Confirmed

片面共犯能否成立,在中外刑法理论界一直存在争议。片面共犯应当是成立的:刑法的规定是其成立的法律依据,部分犯罪共同说是其成立的理论基础,司法实践需要是其成立的现实依据。

Controversy exists in the theory of Chinese and foreign criminal law on whether unilateral joint crime is tenable. Unilateral complicity should be confirmed, because there is much accordance about its confirm. Criminal law is its law accordance, theory of common partly crime is its theoretical base, judicial practice is its realistic accordance.