On Indirect Perpetrator

ABSTRACT The thesis represents a systematic exposition on the related problems as to the 揑ndirect offenders?and it is composed of four parts: Part I: The development of the 揑ndirect Offence?theory and the legislation development. This part makes a detailed exposition and comparison about the theory and legislation of the Criminal Laws in different Law Families and, in view of the Chinese Criminal Law, it puts forward the necessity to make a further study on the Indirect Offence Part II: The conception and constitution features of the Indirect Offence. On the basis of the exposition made for the offenders, the thesis represents the conception of the Indirect Offence and deals with the Indirect Offence抯 features of targets, it抯 objective and subjective features. Part III: The nature of the Indirect Offence. It deals with the nature of the Indirect Offence, i.e. the 損ractice features ?of the Indirect Offence from the two sides of subjectivity and objectivity. Part IV: The types of Indirect Offence. The Indirect Offence could be divided into six types in accordance with the different characteristics of the media used. a) to commit a crime by making use of the persons under age; b) to carry out an offence by using mental patients; c)to commit a crime by applying other people抯 force majeure and accidents; d) to commit a crime by making use of other people抯 legal activities. e) to commit a crime by using other people抯 faults. I) to carry out an offence by applying some tools purposely. Part V: The determination and penalty to the Indirect Offence. This part makes an exposition of the differences among the indirect offenders, direct offenders, abettors and accessaries and deals with the beginning and finishing standard of the Indirect Offenders. Also it divides their faults into two situations: a) the persons who make use of the others have a wrong knowledge about the nature of the tools being used and, b) the cat抯 paws being in the know halfway. The thesis makes an exposition of how to determine the nature of the 搖sers?under these two circumstances.