Study On Basic Issues Of Indirect Principal

The theory of indirect principal offender is very important in the criminal law theroy and also very important in judicial practice. This term can be used to properly explain the situation in which the behavioral agent commits crime taking a people as an agency, while the agency should not be considered as an accomplice under certain circumstances. Deep discussion pertaining to the theory of indirect principal offender is of significance to the deepening of theories of indirect principal offender. In fact Chinese law circles offer relatively superficial studies to the indirect principal offender Which lead to falsehood in directing to judicial practice. In this article, based on learning some of the researches on the indirect principal offender from the countries abroad, the author is trying to make some relevant reseaches on the fundmental problems so as to make a tentative study on the legislation and the judicial practics of the indirect principal offender.This article is made up of seven parts. Among the perface, the author briefly introduces the reasons of the research on indirect principal offender. In the first part we comes to the conclusion that the theory in our country is not deep and mature according to quoting a few principal offender's case. So it is neceseary to study deeply the indirect pincipal offender for the purpose of the guidance of scientific and rational judicial practice. The second part makes a description of the concept, the characteristic and the composition of the indirect principal offender. Based on the past research on the theory and combined with the current trend of new development, this article gives a new concept of indirect pincipal and elaborates on its characteristics and composition to facilitate a more clear understanding of the indirect principal offender and to lay a theoratical foundation for judical pratice. In the third part, five types are included for the types of indirect principal offender: commitment in the use of people with no criminal responsibility. Commitment in the use of other people's innocent. Commitment in the use of false action. Commitment in the use of other people's legal actions. Commitment in the use of people with criminal intent. Different opinions have been presented for the types of the indirect principal offender., and the scopes vary from country to country owing to different understandings for the concept. They are pointed out to guide judicial practice. The fourth part expounds the issue of legislation of the indirect pincipal offender. The article think that legislation is available and necessary by the use of reference on the study of indirect principal legislation in some countries, especially in German and Japan ang England and American and ancient China. The five part make a brief analysis to a few indirect principal case which quoted in the first part. Finally, the author makes briefly summary about indirect principal offender.