Indirect Accomplice Basic Research

Indirect Criminal is a concept adopted by the theory of criminal law in civil law system. However, it is not expressively stipulated in the penal code of China. It is necessary to study it since it helps to solve some difficulties in joint offences and describe exactly the complexion of making use of others to commit crimes.The study on indirect criminal has great significance. There have no widely recognized, comprehensive and accurate concept of indirect criminal so far although there are many papers about indirect criminal. So it is necessary to study it deeply. At the same time, studying the indirect criminal theory is useful to judicial practice. It can offer unified standards for dealing with indirect criminal cases and ensure the outcomes fair.The theories on concept of indirect criminal include the theory of criminal tool, enumerative theory and the theory of non-joint offence. Three types of indirect criminal concepts are discussed. The action of indirect criminal is composed of the utilizing action and the utilized action. The author's opinion is given about indirect criminal concept. Indirect criminal is not full of constitutive elements of a crime, but it is a kind of true criminal. The establishment elements of indirect criminal include the following aspects. Objective elements of indirect criminal are composed of the acts of the using and the used. The subjects of indirect criminal are natural persons and units. The subjective element of indirect criminal is intentional.The author thinks that the following rules should be noticed in studying the types of indirect criminal: the sense of partition; avoiding repetition; basing on the theory of our criminal law. Thus The types of indirect criminal includes the following six: making use of minors' action, making use of damaging oneself action, making use of proper action, making use of no offence action, making use of negligent action, making use of intent action.The cognizance and punishment of indirect criminal are discussed in chapter five. Firstly, the beginning and stop forms of indirect criminal are discussed. The former is the beginning of making use action and the latter are different from direct criminal, whatever fulfillment, not fulfillment or suspension. The principles of independence and unity should be obeyed when punishing indirect criminal. That is indirect criminal should be blamed not only for his or her action, but also for the making use action and their victims. By the way, we should give different punishments to different types of indirect criminal. For instance, we should give more sever penal to the indirect criminal when making use of the minors' action.