On Doctrines Of Concrete Accord

Generally believed that the use of intentional tools refers tools with intent but without identity and intentional without purpose tools in criminal law theory. Although the theory has been concerned about this type of crime, but for various reasons, criminal law theory has few systematic exposition about that user achieves the crime by the intent act of perpetrator. As to the importance of tools with intent by means, it is necessary for theory to recollect such cases happened in criminal law, forming a complete system. This can not only enrich the theory of criminal law, but also effectively solve these cases occurred in judicial practice, and enhance persuasive case.The first part of the paper and the second part,are the basic content of tools with intent by means. Article begins with denial of the past content of the concept of tools with intent by means, not concentrating on human objective ability to define, instead focusing on the subjective meaning and objective property of actor to determine its meaning. Then it describes the feature of the use of intentional tools from the user’s perspective and the use of tools, and demonstrating its nature as an Indirect principal. In the second part discusses the acts of content about use of intentional tools, proposing a point of view that combines norms and fact to explain theory of tools with intent by means, and constructing a pattern of behavior consistent with the behavior of nature.The third, fourth, fifth part of this article are the main content of tools with intent by means. The third part depend upon the subjective meaning and objective behavior structure, and base on the behavior of structural similarity to compare the use of intentional tools with other forms of crime, as to provides a theoretical basis for determining from the external morphology. The fourth part discusses and analysis use of aimless intentional tools, use of undocumented intentional tools, the use of different intentional, tools informed of halfway, as to delineate a range of tools with intent by means. In addition, because of some scholars serve use of helpful intentional tools as the use of intentional tools to deal, the two behavior structures highly similar, confusing, so this part also includes the use of helpful intentional tools.Part V discusses the problems in regard to patterns of crime. To begin with Implementation of behavior is key to identify preparation, attempt and suspension key, so this article take it as the starting point of discussion the use of intentional tools. Firstly, it Analysis the doctrine of the pros and cons on starting to implementation of behavior, then exploited behavior is demonstrated by the absolute advantage to process the use of intentional tools. Finally, Joint Principal and narrow accomplice are described the form of an accomplice of the use of intentional tools, and certainly there are accomplice form of the use of intentional tools as indirect principal.