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探讨复行为犯理论得先明确复行为的含义、定位及其实行行为性。并非规定在基本罪状中的行为都具有实行行为性,包含这些行为的犯罪也不一定是复行为犯。复行为犯应以开始实施第一个行为为实行的着手。在认定复行为犯的共犯时,应根据行为人的故意及身份等要素,准确地认定行为的实行行为性,以区分实行行为与帮助行为、此罪与彼罪的实行行为。
To explore the meaning, orientation and behavior of the theory of complex behavior as a complicate act before the explicit repetition. It is not that the acts in the basic guilt are permissible and that the crimes that include them are not necessarily recidivists. The repetition should be started by putting the first act into effect. When determining an accomplice who commits a multiple act, one should accurately determine the act of carrying out the act according to the actor’s intention and identity and other factors, in order to distinguish between the act of carrying out the act of aiding and the act of committing the crime against the other.