论片面共犯的成立依据

On the Founding Basis of Unilateral Accomplice

片面共犯能否成立,是刑法理论中争议较大的一个问题。本文以共同犯罪主客观相统一理论为基础,从司法实践的实际需要和共同犯罪构成要件两个方面对这一问题进行了理论联系实际的研究,认为片面共犯是能够成立的。

It is a question that has been argued about more in criminal theory whether the unilateral accomplice can be founded. This article, based on the theory that to judge joint offense we should analyze not only the objective factors but also the subjective factors, gives an integrating-theory-with-practice research for this question from two aspects: one in the practical need is judicial practice, the other is the important conditions for the unilateral accomplice. It also tells us that the unilateral accomplice can be founded.