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共犯与正犯的关系问题涉及到刑法的基本立场确定和罪责自负原则的贯彻。虽然大陆法系和英美法系存在很大差异,但是美国刑法与日本刑法中的共犯理论却有较大的相似性。二者在区分共犯与正犯的前提下,对共犯的从属性要求不断减弱,更加重视参与人自身的罪责和在犯罪中的作用,刑事实证学派对这一变化起到了关键作用。当然,由于差异的存在,美国刑法越来越重视共犯的独立特征,甚至出现了不区分共犯与主犯的情况;在日本,刑法理论基本坚持了限制从属性说、部分犯罪共同说,从属性程度要略大于美国。二者在对共犯问题的处理和立法模式上也存在不同。
The relationship between accomplice and principal offender involves the determination of the basic position of criminal law and the implementation of the principle of criminal responsibility. Although there are great differences between the civil law system and Anglo-American law system, there is a great similarity between the American criminal law and the criminal law in Japan. Under the precondition of distinguishing between accomplice and principal offender, the subordinate requirements of accomplice are weakened constantly, the participants pay more attention to their own guilt and role in crime, and criminal substantive school plays a key role in this change. Of course, due to the existence of differences, American criminal law attaches more and more importance to the independent characteristics of the accomplice and even the situation that no distinction is made between the accomplice and the main criminal. In Japan, the theory of criminal law basically insists on restriction of subordination and part of crimes jointly say that degree of subordination To be slightly larger than the United States. There are also differences in handling and legislative model of accomplice.