The Comparison Of Legation On Crime Of Shield

Indirect Criminal, also known as Indirect Executor, the study on which started relatively late in Chinese criminal theory, and even the concept does not exist in our criminal legislation. However, it has a long history in criminal legislation and law of the countries practicing continental law system. It is generally believed that the concept is inferred as a remedy for the theory of subordinate accomplice on joint crime by Objectivism. Few academic circles comment on indirect offence in China, but it is a concept inevitable for criminal study. Research on indirect criminal is helpful to enrich Principal theory,and also helpful to clarify the boundaries between the principal and the accomplice.In judicial practice, it often occurs that the actor makes use of the third person without the subject qualification of offender or accomplice to commit the crime. However, all over the theoretical system of crime, it lacks of deep research on indirect criminal in domestic academic field, and the existing research is also somewhat thin. The lacks ultimately lead to the deviation when identifying and processing the nature of Indirect Criminal in judicial practice. Therefore, the deep study on indirect criminal is urgently needed.Study abroad on Indirect Criminal is mainly flourished in Germany and Japan. Compareing with China, in Germany and Japan the academic research on Indirect Criminal Criminal is relatively mature, where a theoretical system has been formed basicaly. And the research achievements provide reference and theoretical sources for us. As described in this title, the special issues of Indirect Criminal mainly concerate on establishing scope, the act to execute a crime, and the relationship with abettor. Penman tries to conduct a survey and theoretical discussion on the issues, and also reviews some basic issues such as the concept and forms. Penman hopes that the article helps to perfect the research on indirect criminal as much as possible.