Research On Relevant Issues Of The Indirect Principal Offender

As a form of principal offender in criminal law of Civil law,the role of indirectprincipal offender in the crime is self-evident.According to the role of the offender inthe crime,the offender is divided into the principal criminal,the accomplice and the coerced offender in the Chinese criminal law,the instigator is provided as a form ofsupplement.Compared with the instigator,the indirect principal offender has beenregarded as a product of bourgeois criminal law and is not included in.But in ourjudicial practice,sometimes the cases of indirect principal offender have occurred,andthe court’s verdict result is also different for each other.Since there is not anyprovision about the indirect principal offender in our criminal law,some courtsdirectly identified the case which meet the situation of the indirect principal offenderas the instigator.This is not only in conflict with the principle of Legality, but alsowith the mainstream in which the indirect principal offender is universallyacknowledged in China’s criminal law theory circle and criminal law of Civil law.Thedomestic research on the indirect principal offender are based on the German andJapanese criminal law, so the actual situation and related factors of Chinese criminallegislation is rarely considered，the relationship of the indirect principal offender andthe instigator in Chinese criminal law is also rarely considered. From the indirectprincipal offender’s perspective,the article which based on China’s criminal legislationand judicial practice analyzes and studys the relationship of the indirect principaloffender and the instigator.there are two main purposes in the article: the first isproviding a viable reference method for introducing the relevant content of theindirect principal offender in Chinese criminal law, in order to compensating theblank in legislation, and can complement each other with the relevant provisions ofthe instigator.The second is that it can effectively distinguish the conception and thescope of the indirect principal offender and the instigator, in order to identificatingand solving relevant cases.The article include the following five parts: The first part is the introduction.The section briefly expounded the backgroundof Chinese legislation and academic research in indirect principal offender,it pointedout that although the conception of the indirect principal offender is generallyrecognized by domestic criminal law scholars,it is still in a blank state in Chineselegislation.The state had a tremendous impact on the judicial practice and theclarification of the relationship of the indirect principal offender and the instigator.Byreising the issue,laying foundation for the following argument of the article.The second part is the basic questions of the indirect principal offender. First,the section analyzes the necessity whether to admit the indirect principal offender,byelaborating the relevant view of restrictions on principal offender and the expansionof principal offender,the said of accomplice subordination and the said of accompliceindependence,it indicated the opposition between them and pointed out the flawers inthe theory,we should acknowledge the existence of the indirect principaloffender.Secondly,the section defined the conception of the indirect principaloffender.Third,by commenting on the relevant doctrine of the indirect principaloffender’s principal offender property,the section demonstrated the indirect principaloffender’s principal offender property.The third part is distinguish between the indirect principal offender and theinstigator. By describing the theory of distinguish between principal offender andaccomplice,the section clear the specific distinction between the indirect principaloffender and the instigator.The specific distinction includes two aspects, namely,thedistinguish of and differentiate the scope of nature and the distinguish of scope.The fourth part is the position of the indirect principal offender in Chinesecriminal law legislation. Starting from the relevant rules on the indirect principaloffender and the instigator in the criminal law of the Civil law countries, the sectionpointed out the necessity and significance that Chinese criminal legislation introducedrelevant theories of the indirect principal offender and described the specific ways ofintroduction, it emphasizes that the indirect principal offender is a powerfulsupplement form.The fifth part is summary that generalized the foregoing text Systematically.