身份犯所涉及的共同犯罪之定性一直以来都是制约刑法理论及实践的一大难题。在司法实践中,经常出现法条前后矛盾,定性的判断标准不统一的情况。在刑法理论界,该问题学说林立、争议纷然,各学说虽有可取之处,但不足亦在所难免。相比之下,采用具体分析说来对有身份者和无身份者共同犯罪的行为进行定性,即根据在共同犯罪中所起的作用、所实施的行为和所涉及的罪名进行分析定性,不失为相对合理的选择。 The nature of the common crimes involved in identity crimes has always been a major problem restricting the theory and practice of criminal law. In judicial practice, there are often inconsistencies in the law before and after the qualitative criteria of judgment are not uniform. In the theory of criminal law, the doctrine of the subject is full of controversy and controversy. Though there is merit in the doctrine, the insufficiency is also inevitable. In contrast, the use of specific analysis to characterize the act of joint crime of both anonymous and non-statusd persons, that is, to conduct an analysis based on the role played in the joint offense, the conduct committed and the charges involved, is Relatively reasonable choice.