【摘要】 刑法中的实行行为包括单一行为和复合行为。在单一行为中,片面实行犯既有共同的犯罪故意,又有参与不知情者所实施之罪的共同行为,承认片面实行犯为单方的共同犯罪,是主客观相统一的犯罪构成的当然逻辑结论。在强奸、抢劫等复合行为的场合,片面实行行为即使只参与复合行为的一部分,行为人也要对整个犯罪承担共同责任。将片面实行行为认定为共同犯罪,既有利于完善我国的共同犯罪理论,又可以迅速地恢复社会秩序,实现预防犯罪的社会作用。更多还原

【Abstract】 In the science of criminal law the committed offence refers to not only the joint offence but the sole offence.For the latter in case suspect who committed unilateral offense intentionally in joint offence and also participated in the joint act the outsider(s) committed the recognition that the suspect who committed unilateral offence is regarded as a single one in joint offence is surely a logical conclusion unifying both the subjective and objective identities in the consitution of crime.In case the complex acts happended,such as rape in combination with robbery,the actor(s) who committed unilaterally the offence shall bear full responsibility jointly even though the actor(s) just participated in part of the offence.Identifying the unilaterally committed act as joint offence is beneficial to China’s law theory of joint offence and will serve the social function to prevent crimes so as to restore rapidly the public order.更多还原