目前,各国关于共犯体系存在着“单一制”和“区分制”两大立法类型。在区分制的立法类型下,如何区别“正犯”与“共犯”存在着多种不同的观点。在德、日等单层区分制下,正犯与共犯的区分起着定罪量刑的双重功能,因此,重视犯罪人在犯罪过程中的实质支配力或作用大小的行为支配论有其合理性。而我国刑法对共同犯罪采用的是以作用分类为主,分工分类为辅的双层区分体制,在这种体制下,应以实行行为说作为正犯与共犯的区分标准。 At present, there are two major types of legislation on “complicity system” and “distinction system” in all countries. Under the type of legislation of the division system, there are many different opinions on how to distinguish between “principal offender” and “accomplice”. Under the single-level differentiation system such as Germany and Japan, the distinction between a guilty conscience and a guilty consortia plays the dual functions of conviction and sentencing. Therefore, it is reasonable to emphasize the substantive dominance or role dominance of the perpetrator in the crime process. However, the criminal law in our country adopts a double-demarcation system which is mainly classified by function and supplemented by division of labor. For this kind of system, it should be regarded as the distinguishing standard of the accomplice and accomplice by the act of execution.