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共同犯罪的本质,所要解决的就是当中的“共同”和“犯罪”如何来判定的问题,犯罪共同说和行为共同说主要针对的是“共同”的判定问题,而独立性、从属性和二重性说则解决的是定罪量刑的判定问题。虽在各自的语境中都有其存在的理论依据,但是每种学说中暴露出的问题也应当引起注意。“共同”的含义应当是一个整体内双方客观行为的助推,而犯罪的含义则是定罪量刑同等适用的修正二重性。
The essence of the common crime, which is to be solved is how to determine the “common” and “crime”, the crime of common say and behavior together that the main focus is on the “common” determination problem, and independence Sexuality, subordination and duality are solutions to the problem of conviction and sentencing. Although there is a theoretical basis for their existence in their respective contexts, the issues exposed in each doctrine should also receive their attention. The meaning of “common” should be a boost to the objective behavior of both parties within the whole body, while the meaning of crime is the duality of amendment that is equally applicable to conviction and sentencing.