只有能够和必须“共同”的部分,才可以成为共犯判断的对象。我国传统的刑法学理论没有区分犯罪构成中可以“共同”的部分和只须“个别”的部分,即没有区分不法与罪责,因而在共犯论领域陷入一系列难题之中。实际上,共犯判断仅与不法有关,所有的罪责要素(责任能力、期待可能性与违法性认识可能性)均对共犯成立与否没有影响。但是,故意不是罪责要素,所以正犯与共犯的判断并非与故意毫无关系。 Only the part that can and must be “common” can be the target of accomplice’s judgment. The traditional theory of criminal law in our country does not distinguish between the parts which can be “common” and the part which only needs “individuality”, that is, there is no distinction between wrongdoings and guilty and thus falls into a series of problems in the area of ​​a total offense. In fact, the judgment of accomplice is only related to the wrongfulness. All the elements of responsibility (ability of responsibility, possibility of expectation and possibility of illegality) have no effect on the establishment of accomplice. However, it is not intentionally an element of guilt, so the judgment of accomplice and accomplice is not unrelated to the will.