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On The Standard Start Of The Act Of Indirect Guilt

Posted on:2014-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y H TanFull Text:PDF
GTID:2256330401490741Subject:Law
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Indirect guilt refers to an instance in which an actor do not directly involved inthe implementation of the criminal acts, but by making use of formal manipulationcomply with the provisions of criminal law constitute elements of specialrequirements but do not constitute a common criminal relationship to others and thebehavior itself to the implementation of the crime. How to determine the start of theact of indirect guilt is a extremely important issue in the indirect principal theory andeven the whole theory of criminal law, having a very important meaning of criminaltheoretical significance and judicial practice. It bases on the theory of indirect guiltand setting about the offense to solve the problem of the start standards of the act ofindirect guilt. There are divergent views on seek indirect principal proceed standards,i.e., the use of behavior theory, the act of a cat’s paw theory, individual theory andcombinational theory in criminal law scholars. The use of behavior theory, which isthe general theory in many countries and regions, does not meet the identifiedimplementation of the basic conditions of the standard of the act of perpetrating andwill expand the range of penalties for the aborted crime. So it is not the suitablerecognized standards as indirect principal proceed. Individual theory also does nothelp to resolve the problem for its defects such as standard uncertainty and so on.Combinational theory looks like a comprehensive view but in fact general and vague,resulting in the arbitrariness of that standard. While the scientific community havemany criticisms, but the behavior being used theory is indeed reasonable for indirectprincipal ending. Firstly, if the accomplice theory to adopt the common behavioralsaid, then the user and the being user are abetting and being abetting. The act of acat’s paw theory is consistent with the interpretation of the criminal law. Secondly,indirect guilt is a special form of perpetrator. The act of a cat’s paw theory isconsistent with the perpetrator theory of criminal law. Thirdly, the act of a cat’s pawtheory follows the principle of unity of the subjective and objective, consisting thebasic theory of the act of perpetrating. Accordingly, we think that the start of the act ofa cat’s paw should be the start of the act of indirect guilt.
Keywords/Search Tags:indirect guilt, start of the act, the standard start of the act
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