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The Study On Indirect Perpetrator

Posted on:2014-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q R ZhangFull Text:PDF
GTID:2296330425979520Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
This indirect Perpetrator,is also known as indirect principal offender in theCriminal laws in Germany and Japan. For China’s criminal law theory dose not havethe concept of principal offender, but takes the equivalent Perpetrator concepttheoretically, we call it indirect Perpetrator. Although China’s criminal law does notclearly defined indirectly implement committed, it is very common in practice.Therefore, to in-depth study indirect Perpetrator has a profound practical significance.It is famous in the present criminal theories that Indirect Perpetrator is to compensatefor the lack of objectivist theories of common criminal accomplice. But with thedevelopment of the criminal theories, indirect research Perpetrator entered a new level,and now the research direction has been transformed from indirect implementoffenders compensation to investigate indirect act, that is to consider theimplementation of behavior firstly. But from different angles and positions, theconclusions are different. This paper tries to unify their understandings and linkslegislative practices, in order to further explore indirect Perpetrator essence and addbenefits to it.This paper is divided into five sections. The first part is mainly about thehistory and the domestic situation of indirect Perpetrator. This section mainlydescribes the history and the theoretical basis of Indirect Perpetrator, to make itshistory clear. At the same time, this part elaborates the legislative and judicialsituations of the Indirect Perpetrator objectively in China to highlight the necessity forindirect Perpetrator research.The second part is the concept, characteristics and the establishment conditionsof the Indirect Perpetrator.This section describes the differences between thePrincipal Offender and the Indirect Perpetrator to lead the concept of the principaloffender indirectly. At the same time, this part reviews and introduces the definition ofseveral representative theories such as, the Using tools, the Lists, the Excluding theaccomplices and proposes its own view. The second is to describe the conditions to setup the indirect implementation, including the objections, the objective and subjectiveaspects. Finally, this part illustrates the indirect perpetrator of principal, the particularuse of object, eliminating the common crime and the direct independent predictableresponsibility in order to clarify the committed to implement the concept of indirectfrom many aspects.The third part is about the range of the indirect implementation of offense.Thispart firstly introduces its classifications of several authoritative scholars, analysistheir points of views and put mine. The specific types are the use of other legal acts to commit crime, the use of non-criminal responsibility crime, the implementation ofcrime by the enforcement action, crime negligence by others, the crime of usingintentional tools.The fourth part is about the identification of the indirect perpetrator.This partfirstly elaborates the indirect implementation of crime and personally committedcrime and the instigator to avoid confusions in concept. The second is the study forthe indirect perpetrator to implement from its behavior itself, putting the standardsfor the indirect implementation of start and termination of crimes.The fifth part is about the confirmation of the Indirect Perpetrator in China’slegislation. This section makes some elaboration on the necessity of the legislation ofthe Indirect Perpetrator firstly. Secondly, judging from the judicial level and theexisting criminal law, this part concludes the legislation is feasible. Finally, base onanalyzing the current ordinances, this part discusses the best legislative pattern of theindirect perpetrators in present situations in our country.
Keywords/Search Tags:indirect Perpetrator, the scope of the indirect Perpetrator, identification, legislative confirmation
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