Research On Indirect Crime

At the beginning of the 20th century, the theory of indirect crime are written to the German criminal law draft, Japan, South Korea will also have indirect crime into the criminal code, become a part of the national criminal law system and in Anglo-American law system countries have similar rules of "innocent agent system". As an important concept in the civil law of criminal law, indirect crime has not been incorporated in the criminal law system in our country. With the speeding up of the 21st century of globalization, the continuous development of society and economy, social life tends to diversity, indirect crime cases abound in the social life, but for indirect crime legislation in our country is still blank, crime and indirect crime in Chinese criminal law system can’t find a place, seriously affected the criminal judicial practice of criminal right qualitative. So this article aim is to demonstrate the indirect crime theory into the possibility and the rationality of the system of criminal law in our country, the principle of a legally prescribed punishment for a better implementation, so as to perfect our criminal legislation.This article is divided into six parts, respectively discusses the following contents:1, introduction. Elaborated the paper selected topic background and research situation of indirect crime, this article briefly introduces the thinking of writing this article and research methods, shows that the purpose of writing this article is based on the research of the theory of indirect crime related issues, demonstration of indirect crime legislation.2, the concept of indirect crime and nature. According to the development history of foreign indirect crime and indirect crime thought in ancient China, and combining with the criminal law scholars of the indirect crime, put forward in this paper, the definition of indirect crime:indirect crime should include the concept of dual attribute, namely indirect attributes and behavior crime properties, two attributes are short of one cannot. Behavior of indirect attribute that the offender is in a position of a dominate others commit a rather than a specific crime, reveals the root of indirect crime from the crime directly. Crime property is made clear between Arthur and catspaw for catspaw without blame or no common meaning contact impossible to set up a joint crime, ik separate crime. By comparing the various theories on indirect crime properties defined think indirect crime intentionally is a one-way, independent intentionally, demonstrates the indirect crime in the crime.3, the establishment of indirect crime scope. Several kinds of situation, this paper enumerates the indirect crime mainly includes:the capacity for criminal responsibility is not to use, use the other accident, force majeure, takes advantage of another’s legal act, the use of the faults of others, using have deliberately tools. Established to review these situations, analyzes the reasons of indirect crime, for the article discusses the difference between the indirect crime and fagin.4, the difference between the indirect crime and abettor. Based on the distinction between crime and the accomplice to discuss the distinction between the two. For the distinction between crime and the accomplice, there are subjective, form the objective, the essence of the objective, behavior control, etc., this paper expounds in detail in this paper, the behavior control said, said to demonstrate the use as a standard to distinguish indirect crime and the possibility of instigator. In several easy to confuse the instigator with indirect crime situation are discussed, to verify that the said action rules as the standard for distinguishing the feasibility. Based on the foregoing discussion, said based on behavior control based on the difference between indirect crime with fagin’s point of view. The size of the power for specific behavior, this paper argues that can use a self said, as long as there is behavior person specification of barriers, such as no violent repression by the others, threat, deception, persecuted, choose the general practice of violation of self-determination, should be a responsibility by him self.5, indirect crime legislation research. This paper enumerates the Germany, Japan, Italy, South Korea four penal code of civil law, the provisions of the "innocent agent" system of Anglo-American law system of the civil law of Germany, Japan and other countries related indirect crime legislative cases, "innocent agent" system of Anglo-American law system for comparative analysis. Through the above analysis, demonstration of rationality and the possibility of the indirect crime legislation in China, and put forward in this paper, the classification of joint-crime.6, epilogue. The contents of this article made a simple summary, combing the logic structure of this article, finally, in this paper, the system is done.