Study Of Recognizing Error Of Indirect Principal

The recognizing error of indirect principal mainly refers to the user has subjective errors for some objective conditions of the person being used. The recognizing error that the user has are mainly on the fact of the age of criminal responsibility, mental state, legal behavior, negligence and identity of the person being used, including the situation that the person being used does not know anything at the beginning but recognizes on the halfway. The research overseas about indirect principal has a long history, and almost every problem in it have been researched. While the indirect principal in Criminal law of China is a relatively young theory category. However, both in the civil law countries and in our country, the research about the recognizing error of indirect principal is not enough, especially in our country. Just because of the normality in practice and the lack in theory research about the recognizing error of indirect principal, the thesis was wrote by the author.Indirect principal, as the theory of objectivism making up for the lack of subordination of accomplice, it has the nature of non accomplice and indirect. To know whether indirect principal bears responsibility of criminal or not for his error of recognizing and what’s the scope of it, the author wrote the thesis starts from the basic theory of the recognizing error of indirect principal. First of all, the author discusses the related contents of indirect principal. On the basis of comparative analysis of different points of view of the domestic and foreign scholars, the author obtains the nature and the main basis for punishment of indirect principal. That is indirectness of criminal behavior and directness of criminal responsibility. For interpretation of the nature of indirect principal, the author insists the theory of implement control. Secondly, the author discusses the recognizing error theory in Criminal Law. The recognizing error includes errors of law and factual errors, while the thesis emphatically discusses the recognizing error of fact because of its importance on behavior. The punishment principle for recognizing error of fact is statutory conformation theory.After the basic theory of the recognizing error of indirect principal, the author sums up the basic types of the recognizing error of indirect principal, and then discusses some kind of the basic forms and the handing ways of it using the method of empirical analysis. And this is the highlights in the thesis. The contents include the errors that the user recognizes on the age of criminal responsibility, mental state, legal behavior, negligence and identity of the person being used, including the situation that the person being used knows nothing at the beginning but recognizes on the halfway. This part was written combining with the contents above, from theory to practice and finally return to theory.