Research On The Internationalization Of The Newest Form Of Indirect Perpetrator

Indirect perpetration through organized structures of power is an atypical form ofindirect perpetration, which is frequently appeared in ICC as indirect co-perpetrator.This form is one of the mainly models of liability in ICC, so the internationalizationof it is exactly important. The main purposes of this thesis are to reinforce the studyof this form in China and to complete the criminal legislation in our country.The main method is normative analysis. Firstly, through the analysis about it, Ifind it is produced in the thesis of Roxin, which is quite different from regular thesis.The two characters of it are illegal organizations and the substitutability ofperpetrators. Secondly, I analyze the internationalization of it from two points, whichare justice and regulation. I find its development in justice can divide in three levels,the application in German, other countries then ICC. It has not only made up thefaults of JCE, but also become the newest legislation of the Rome Statute of ICC.Finally, through the contrast of Chinese system of criminal theory with the world, Ithink there are some deviations between them. In order to reduce these deviations, itis necessary to introduce this form of indirect perpetration to China.The innovation of this thesis is introducing this theory from three points, whichare regulation, practice and theory. By this integration research, I will find someconclusions, which are the legal foundations for further analysis about this theory.Through the analysis, I have these conclusions about the theory. Firstly, Indirectperpetration through organized structures of power is the expression of the principleof legality. Secondly, the criminal theory of China lacks systematic analysis and itviolates the principle of legality, so it is necessary to introduce indirect perpetrationthrough organized structures of power into China.