A Study On The Indirect Offence

The theory of indirect offence is an important criminal law theory in Germany, Japan and Taiwan Province of China and has been accepted judicially and legislatively in those areas. While in Mainland China, the study on indirect offence remains weak, which is probably due to the fact that the criminal law theory and legislation in Mainland China differs from and are not geared closely enough with that in Germany and Japan. In Mainland China, the discussion about the property of indirect offence, uncompleted state of indirect offence, the determination of indirect offence and personal offence remain wanting, which turns out to be a blind spot. In view of the above mentioned, this thesis tries to make a systematic expatiation to the relative issues of indirect offence on the basis of the examination of its history development and current situation. The thesis, 65 thousand words in all, falls into eight parts as follows:PartⅠThis part is the introduction, expatiating the significance and method of the study made in this thesis as well as the current situation of the study on this issue home and abroad.PartⅡThis part covers the theory of the indirect offence and its legislative evolvement. It sets forth the theory and legislation of indirect offence in Mainland genealogy of law, theory of innocent agent in Anglo-American genealogy of law and theory and legislation of indirect offence in China's criminal law (exclusive of Mainland criminal law).PartⅢThis part is about the concept of indirect offence. Firstly, the author discusses two theories about the notion of indirect offence—addition theory and criterion theory, which are followed by the brief comment on these two theories and the author's preference. Secondly, it introduces the dispute whether the concept of indirect offence should be accepted. Based on the review of different ideas, the necessity of emphasizing the study of indirect offence is demonstrated. Finally, a new fresh concept of indirect offence is put forward on the basis of differentiating, analyzing and commenting traditional ideas of indirect offence.PartⅣThis part discusses the property of indirect offence. This part begins with the introduction to various ideas about the property of indirect offence and then makes comments on each of them. In the following part, on the basis of the inscape of penal...