Indirect Accomplice Basic Theoretical Research

Indirect principal is an important issue in the theories of Criminal Law. The study of the issue of indirect principal has a very significant role in putting the theories of Criminal Law into practice. In this article, the author explains the concepts of indirect principal, principal quality, its theoretical status and existence types etc, and the author elaborates his own viewpoints and makes his comments about some controversial issues, systematically by combining concrete examples with abstract analysis on the basis of lessons drawn from the study results made by other authors before. The aim of writing this article is to lay an excellent foundation for further academic study of the issue of indirect principal and to set up a theoretic platform for further study through the explanation of basic theories of indirect principal.How to confine the concept of indirect principal is a prerequisite for study of issue of indirect principal. Concept itself is highly abstract, which determines that indirect principal needs to be defined generally and abstractly. The antithesis of indirect principal to direct principal determines that indirect principal should not be an offender but a kind of criminal pattern. To indirect principal, it causes the same direct infringement upon legal interest with direct principal, but it also has an existence type that is different from that of direct principal. Hence, the concept of indirect principal has its own independent theoretical status. So the theoretical study of indirect principal should be carried out on the basis of the theories of elements of the crime, not on the basis of the theories of joint commission of a crime.The independent theoretical status of indirect principal determines indirect principal should be studied from indirect principal itself. Though indirect principal does not directly commit the offence, he or she has the capacity for committing an offence, as the manipulated one has no actually capacity for resisting manipulator's solicitation or assistance, which determines the manipulator can govern the behavior of the manipulated, hence indirect principal has the attribute of principal.Different theories about the attribute of principal of indirect principal determine indirect principal has different existence types. The study of types of indirect principal further clarifies...