片面共犯若干问题探析

片面共犯在现实生活中客观存在，是共同犯罪的一种特殊形式，也是司法实践无法回避的问题。由于片面共犯仅具有单方合意性，刑法学界对于其归属问题仍无定论。通过对比各家观点、世界趋势，从哲学、刑法理论各方面可证明片面共犯是成立的，属于共同犯罪。

A Probe into the Related Issues of Unilateral Accomplice

Unilateral accomplice, which is an objective existence in social practice, is regarded as one special form of complicity and an unavoidable issue in judicial practice. As unilateral accomplice only has unilateral consensus in nature, there are many arguments about its category in the theory of criminal law. This article demonstrates by comparing the viewpoints of scholars and world trends that unilateral accomplice belongs to the scope of joint crime. Based on this demonstration, this article further discusses the existent range, constituent elements and principles of imputation, etc. in order to develop a logic system affirming the theory of unilateral accomplice.