Study On The Criminal State Of Indirect Offence

There are broad and deepen study in Germany, Japan and Taiwan area in our country on the theory of indirect offence, but it is recent affair of Chinese scholar's concern in this theory in criminal law. Since there is no expressive provision of indirect offence in our criminal law, and the traditional treatment is refer to the theory of abettors, the research in this field appears the weaknesses in mainland China. Although more and more recent research focuses on the indirect offence, most of them are limited to the analysis of concept, nature, types and features. To tell the truth, rarely mention the patterns of the indirect offence. Now that indirect offence belongs to principal offence, it will be confronted with problems such as the suspended situation of the intentional crime, the patterns of the joint crimes and the form of quantity of crime as direct offence do. Because indirect offence has its characteristics, it is different from direct offence in many aspects so it is necessary to study indirect offence. The paper firstly introduces the general theory of indirect offence, and then studies the patterns of the indirect offence specially. For the problem of practical conduct of the indirect offence, the author insists on the theory of the indirect conduct and stands on fairness and justice so that criminal law's security function can be fulfilled.The article firstly introduces general theory on indirect offence which is the basis of studying form of indirect offence. Through comparing different cognitions which theories about joint crimes have, the rationality of indirect offence'existence is verified. On the basis of this, the author analyzes the necessity for recognizing the concept of indirect offence from four aspects which include theory, legislation, history and social practice. There are many disputes about indirect offence in circles of criminal law. Through investigation into evolution of the concept of indirect offence and comparing different definitions' superiority and inferiority, the article defines indirect offence and concludes four characteristics about indirect offence. Different schools have different views on principal quality of indirect offence. The author prefer to theory of practical conduct which is supplemented by the theory of dysfunction for norm.When studying the suspended situation of indirect offence, it is necessary to consider practical conduct of indirect offence. There are three viewpoints about practical conduct of indirect offence:theory of the indirect conduct, theory of the direct conduct and theory of individuality. The author approves theory of the indirect conduct for three reasons. First, it accords with absence of practical conduct. Second, it views direct conduct as criminal preparation. Third, theory of the direct conduct is imperfect. Accordingly, the start and end of practical conduct of indirect offence also adopt theory of the indirect conduct and introduces various suspended situation of the indirect crime, including preparation, suspension and unaccomplished offence, according to the theory of the indirect conduct.When refers to patterns of the joint crimes, it divided patterns of the joint crimes in indirect offence into three kinds:joint principal offender in indirect offence, abettor in indirect offence and accessory in indirect offence. The article mainly discusses differences among indirect offence, unilateral accomplice and abettor and emphasizes that unilateral accomplice can't belong to indirect offence.There are also criteria for judging the quantity of crime in indirect offence which linger between theory of the indirect conduct and theory of the direct conduct. Because the author considered direct conduct in indirect offence as criminal preparation, the two viewpoints are both unreasonable and the reasonable way is to deal it according to specific situation of crime. In the form of quantity of crime in indirect offence, the author discusses aggregated consequential offence and transforming crime in indirect offence.