Indirect Principal Offender

Indirect principal offender, whether in criminal law theories or in judicial practice, is of great significance. By the structure of clues of our country's criminal elements, the paper had an in-depth study on indirect principal offender, such as concept, characteristics, and subjective and action so on. On the basis of the theoretical study, the paper makes a deep analysis about the reasons why it is a kind of principal and indicates how it should be legislated in our criminal law. The paper is divided into six major sections of the body:Part one is the introduction, expatiating the significance and the method of the study made in this thesis as well as the current situation of the study on this issue home and abroad.Part two deals with the concept, characteristics and nature of indirect principal offender. The indirect principal offender, corresponding with the true criminal, generally refers to those who utilize other people's action to commit crime. The paper summed up the characteristics of the indirect principal offender: principal, the non-common crime; the indierct principal offender's objective characteristics and so on.Part three discusses the qualifications and subjective element of indirect principal offender. The subjective of indirect criminal are natural persons and unites. The subjective element of indirect principal offender is intentional, including direct and indirect, fault as an exception. The intermediary may not reached the age of criminal responsibility or reached the age of criminal responsibility witout criminal responsibility. The subjective of intermediary is intentional, fault and so on.Part four makes a issue of act to execute a crime in indirect principal theory, and according to the theory of action in crime, the auther makes a discussion of the time act to execute a crime of indirect principal offender.Part five expounded the legislative proposals of indirect principal offender. The traditional train of thought about indirect principal offender is, from the existence of the concept, that is proved by "the theory of gap -stop ", to its character as direct principal, then it put the concept on the basis that it exist only out of "compensation". It is illogical. At present the main civil-law countries has two kinds of patterns about the indirect principal offender's legislation, either classified as the principal or the accomplice. Our country at persent do not legislate the indierct principal offender's concept, and in our country criminal law also does not have the leeway which the indirect principal offender exists.Part six is the conclusion. The author makes a briefly summary about indirect principal offender, and indicates how it should be legislated in our criminal law.