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The Definition Of Indirect Principal And The Distinction With Instigator

Posted on:2015-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:J XieFull Text:PDF
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Indirect principal is an important concept of criminal law in incivil law system. Indirect principal usually refers to the behavior of people who does not directly involve in the specific criminal acts, but rather regard someone as a means to commit the crime and dominate other objective conditions by hiding behind the behavior of others, so as to achieve the target of manipulating entire criminal modality. The behavior structure of Indirect principal is very similar with Instigator, therefore, accurately distinguishing the Indirect principal and Instigator is a thorny issue, this paper, by analyzing and comparing various theories of distinction Indirect principal and Instigator from the committing nature of Indirect principal, points the the rationality of "crime-control theory"for judicial practice. Overall, this article is divided into the following three parts:Part Ⅰ:Concepts and committing nature of Indirect principal. By comparing various definitions of Indirect principal of foreign criminal law theory, this article points that the two basic attributes of Indirect principal is committing nature and non-complicity, and thus put forward the concept of Indirect principal. While the different interpretations of the committing nature give two distinct theories:Restrictions of committing and the Expansion of committing. The former is too mechanical and rigid, and the latter does not meet the contrary Modesty principles of criminal law.Part Ⅱ:The feasibility of "crime-control theory" to distinguish Indirect principal and Instigator. On the basis of analyzing Tool theory, Action theory,and Standard obstruction theory, this article point the basic connotation of "crime-control theory" and make it be perfect. Because of the abstractness of "crime-control theory", this paper put forward the standard of "crime-control theory":the existence and degree of mediator’s free will. Part III:The implement of "crime-control theory" to distinguish Indirect principal and Instigator. This paper analyzes the impact of the negligent behavior and intentional behavior, especially misdemeanor intentional behavior, purposeless intentional behavior, Half-way informed intentional behavior and wrong cognition intentional behavior...
Keywords/Search Tags:Indirect principal, Instigator, "crime-control theory"
PDF Full Text Request
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