Several Studies Indirect Crime

Indirect Accomplice, also known as indirect Perpetrator is a unique concept in civil law criminal law theory. China’s criminal law there is no concept of Indirect Criminal However, in our practice there is a large number of such laws existing, and therefore its study has practical significance.Indirect Perpetrator of this legal phenomenon existed since ancient times, there are related records in ancient Greece and China’s Qin Lv, is the prototype of Indirect Criminal The concept of the modern indirect principal offender is the concept of civil law countries, criminal law scholars in order to compensate for their objectivism accomplice from the lack of property doctrine deduced. In common law countries, there is no concept of indirect principal offender, and civil law as opposed to the innocent agent system. In the Criminal Code has not adopted the concept of indirect Dhamma, but scholars from this study more.Indirect Criminal established range. Limited in this part of the research results of the scholars, and then the house long, according to the author’s own insights on the type of Indirect Criminal divided into the following categories:(1) the use of behavior in the criminal responsibility be used actors and the circumstances of the crime;(2) force majeure and circumstances of the accidents constitute indirect guilt;(3) a person to use other people’s legitimate conduct constituted indirect guilt situations;(4) being used by negligent acts constitute the situation of indirect Criminal;(5) the perpetrator of intentional tool implementation of the circumstances of the crime, constitutes indirect principal offender.Indirect Criminal identified. This section indirectly through a specific analysis is committing and abetting criminals indirect principal offender and help prisoners, especially with the help of committed one-sided help commit the difference, analyzing the similarities and differences between them, indirectly, is committing a more in-depth, comprehensive understanding.The last part of the Indirect Criminal punishment. The author, based on the view of many scholars, in conjunction with their understanding of the problem, Indirect Accomplice punishment should follow the principle of immediacy, the principle of independence and integrity of principle.