Analysis Of Indirect Principal Offender

The indirect principal offender, although there is no clear provisions in our criminal law, there are very important theoretical and practical significances .To ensure the legal position of the indirect crime, it is conducive for the realization of the relationship between the guilty declaration and the measurement of the penalty, furthermore, it is a kind of research which is an indispensable factor to solve the problems as the joint crimes. At the same time, studying the indirect principal offender is useful to judicial practice. It can offer unified standards for dealing with indirect principal offender cases and ensure the outcomes fair. We need to make some relevant researches on the fundamental problems like the concept, the characteristics, the composition as well as the categories and the recognition of the indirect principal offender so as to make a tentative study on the legislation of the indirect principal offender.The article has four parts without the introduction and the conclusion.Part 1:Overview of indirect principal offender. Firstly, the author discusses the difficult theories about the concept of indirect principal offender. Secondly, the author discusses the characteristics. Finally, it sets forth the theory and legislation of indirect principal offender in Mainland genealogy of law, theory of innocent agent in Anglo-American genealogy of law and theory and legislation of indirect principal offender in China's criminal law.Part 2: The property and the types of indirect principal offender. Firstly, this part begins with the introduction to various ideas about the property of indirect principal offender and then makes comments on each of them. In the following part, on the basis of the inscape of penal offence in China and with a view to practical act, the author discusses the property of indirect principal offender from the aspects of exploiter, in light of the principle of the unification of subjectivity and objectivity. Secondly, the author discusses the types of indirect principal offender, it can be classified into four types: to commit crime by using people with no criminal responsibilities; to commit crime by using people with incompletion action; to commit a crime by using others'intentional acts as a tool; to commit crime by using people with others'legal actions.Part 3: The determination of the indirect principal offender. This part makes an exposition to distinguish indirect principal offender from direct offenders, abettors and unilateral accessories. The focus lies in the explanation of the difference between indirect principal offender and direct offender, errors in indirect principal offender and the uncompleted state of indirect principal offender.Part 4: The legislative proposals of indirect principal offender. The article is thought that legislation is available and necessary by the use of reference on the study of indirect principal offender. And then, the article puts forward the legislation proposals.