解决正犯、共犯的违法关系问题,应分两个步骤:首先合理界定共犯从属性的不同层次,继而在其基础上以共犯的处罚根据论厘定正犯、共犯之间的违法关系。共犯从属性可分为“作为必要条件的从属性”以及“作为连带作用的从属性”。正犯、共犯之间的违法具有连带性,两者之间是“一荣俱荣、一损俱损”的关系,不存在一个合法,另一个违法。 To solve the problem of the relationship between the principal offender and the accomplice, there are two steps: First, the different levels of accomplice subordination should be reasonably defined; then on the basis of the punishment of accomplice, the relationship between the offender and the accomplice should be determined. The accomplice sub-attributes can be divided into “dependencies as a prerequisite” and “dependencies that ” act as co-ordinates. “ The principal offender, accomplice between the unlawful has joint and several, between the two is ”a prosperous, a loss all" relationship, there is not a legitimate, another illegal.