一、问题的提出随着主观主义在刑法领域的式微,共犯从属性的重心也从实行从属性和共犯独立性的对立,逐渐转变为要素从属性的内部争论。质言之,虽然共犯构成未遂犯、既遂犯以正犯着手实行犯罪为必要已获得普遍认同,但正犯的实行行为需要具备何种要素或者说达到何种程度,却尚存争议。共犯的要素从属性不仅事关共犯处罚根据、共犯本质等基础理论,而且直接影响共犯以及间接正犯的成立范围,并牵涉到刑法的处罚漏洞及其弥补,故重要性不可小觑。然而目前,我国学界和实务对共犯要素从属性的定位尚存诸多问题。首先,很多 First, the problem raised With the subjectivism in the field of criminal law, the gravity of the accomplice sub-attributes from the implementation of the opposite sex and accomplice independence, gradually transformed into the internal factors of the argument. In other words, although the complicity constitutes an attempted offense, it is arguable that what should be done or what extent the accomplice should have been generally accepted as it is necessary to commit a criminal offense. The subordinate elements of the accomplice not only relate to the basic theory of the punishment of accomplice but also the nature of the accomplice, but also directly affect the scope of the establishment of accomplice and indirect criminals and implicate the punishment loopholes in the criminal law and make up for it. Therefore, the importance should not be overlooked. However, at present, there are still many problems in the positioning of the subordinate attribute of the accomplice in academia and practice in our country. First, a lot