The Research On Indirect Principal Offender

Indirect principal offender is a situation that the perpetrator commits crimestaking people as an agent, which is different from general principal offenders who usematerial tools to commit a crime.The object indirect principal offender use is man,but this point is similar to instigator. The theory is based on practice and its ultimatepurpose is to guide practice, so does indirect principal offender theory.However,because of the particularity and complexity of indirect principal offender’sbehavior,scholars of criminal law all over the world have still been controversial withit so far. Therefore, in order to deepen the theoretical research and better serve thejudicial practice, it is very necessary to do further study on such an important theory.In addition to the introduction and the conclusion,this thesis consists of three parts:The first part is the theoretical basis of indirect principal offender, and it mainlyintroduces the dispute of indirect principal offender theory and the nature of theindirect principal offender. The dispute of indirect principal offender theory is aboutits keep or abolish, which is divided into the doctrine of supporting indirect principaloffender theory and the doctrine of refuting indirect principal offender two parts. Therelationship is discussed between limited principal offender theory, the expansion ofprincipal offender theory, the dependency of accomplice theory, the independence ofaccomplice theory and indirect principal offender respectively, and then based oncomprehensive analysis of the above theories the thesis affirms the existence value ofindirect principal offender, and further discusses the nature of it. The nature of theindirect principal offender is set around the characteristics of principal offender. Thispart mainly introduces and analyzes the tool theory, causal relationship theory,normative barriers theory, execute behavior theory, behavior control theory and soon.Then the thesis puts forward the basis of the characteristics of principal offenderafter analyzing various theories.The second part is the type of indirect principal offender.Firstly,this part introduces classifications of indirect principal offender in continental law systemcountry and our country, and then selects types of representative to do a detailedanalysis. In particular, it includes commitment in the use of people with no criminalresponsibility, commitment in the use of people’s negligent actions, commitment inthe use of people with criminal intent, commitment in the use of people with differentcriminal intent, commitment in the use of people’s legal actions and commitment inthe use of victim’s own behavior six kind, and then the thesis makes a further analysison some troublesome issues.The third part is the boundaries and identification of indirect principaloffender.Because indirect principal offender both has the characteristics of principaloffender and the characteristics of accomplice, therefore, it is necessary to accuratelydivide and clarify boundaries among indirect principal offender,principal offenderand accomplice either in theory or in practice. This section first discusses whetherthere are crimes that cannot be implemented in the form of indirect principal offender,which mainly refers to personal commitment and status commitment. Then the thesisanalyzes the boundaries between indirect principal offender and instigator, and alsomakes a preliminary discussion on identification of indirect principal offender.