Indirect Principal Offender Study

The thesis represents a systematic exposition on Indirect Offence. It is composed of six parts:Part I: whether the concept and theory of Indirect Offence should be recognized or not? Various theories on joint crimes offer two quite different attitudes toward Indirect Offence: affirmative or negative. In China reorganizing Indirect Offence is of great importance both in the theory and practice.Part II: Comparative study on the theory and legislation of Indirect Offence. This part makes a detailed exposition and comparison in different Law Families.Part III: The conception and constitution features of Indirect Offence. On the basis of the exposition made for the offenders, this part sets forth the conception of Indirect Offence and explains Indirect Offence's features of targets, its objective and subjective features.Part IV: The types of Indirect Offence. Indirect Offence can be classified 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 lawful age; b) to commit a crime by applying others' force majeure and accidents; d) to commit a crime by using others' legal activities; e) to commit a crime by using others' faults; f) to commit a crime by using others' injuring themselves; g) to commit a crime by using others' intentional act as a tool.Part V: The determination of Indirect Offence. This part makes an exposition of Indirect Offence's differences from direct offenders, abettors and unilateral accessories it deals with the beginning and ending standard of Indirect Offence. It also expounds two main kinds of faults: a) the user having a wrong knowledge of the nature of the tool being used and, b) the cat's paws being in the know halfway.Part VI: The penalty for Indirect Offence. This part puts forward some principles on how to punish indirect offenders.