Research On Explanations Of The Principal Nature Of Indirect Principal Offender And It’s Existing Range

Indirect principal concept relates to many principal accomplice in theory. It’s like to unlock the key to the theory of joint crime mystery. So it’s has important research value. It is a form of indirect principal offender, the concept of principal offender is the starting point of the theory of the indirect crime. The principal concept includes the restrictive concept of principal offender and the expansion of the concept of principal offender. non personally implementation constitute accomplice.Formation of objective and strict subordination form produced a small punishment loophole, the concept of indirect principal offender was early in order to address the vulnerabilities of punishment in the proposed "substitute" theory, the judgment follow the "is not the accomplice is the indirect principal offender" exclusion of logic. Subsequently with the bankruptcy of strictly subordinate form, instead to limit the subordinate, the accomplice of requires only from belonging to a should constitute elements and illegal criminal behavior. At this time due to objective behavior similar to distinguish abettor and indirect principal offender has become a problem. At the same time, using the judgment of indirect principal inherent of the principal will not the elimination of logic. Thus inherent of indirect principal offender is questioned, between the principal and the accomplice is also a lack of appropriate criteria to distinguish between them.In the history of academic explanation for the indirect principal offender derived from the three different paths, respectively is the path of standardization of the perpetrator, the substance of the principal path and expansion of the principal path.The limit principal concept of standardized path of commitment to normative interpretation of "the implementation of the behavior" the concept, at the same time supporting "standard obstacle theory" is the principal explanation; by limiting the principal concept of the essence of the path of working people to the law profit violation results of the causal contribution to the substance of the consideration of all the criminal involved in, through the control of the force, the important role of the substance of the elements of the principal explained. And the expansion of the concept of the expansion of the perpetrator, those principal path aims to eliminate between different participants for the crime with the essence of the difference, and also the idea of the essence of the interpretation of the principal.This paper argues that in the indirect principal offender to explain the path, there is an apparent a from facts to norms, from the form to the essence of the evolution of trajectory, and diametrically opposite embarked on the path of the expansion of the perpetrator. To achieve a reasonable criminal responsibility of the individual and the evolution of the essence of the principal with historical inevitability and realistic necessity.Participation as the expansion of the expansion of the expansion of the expansion of the perpetrator path can tend to a single system of criminal system, also have a tendency to distinguish of principal offender system. This paper advocates that the distinction of the principal concept of the principal. It’s a way to explain a new starting point. The position of principal of the extension will be equivalent to the "main offender", which is different from principal offender in the limit of the principal concept is equivalent to the implementation of crime ", in the unitary expansion of principal under the concept of equivalent to the" crime "of ideas. At the same time, in this paper, through the analysis of the" dominance "and" important role "the two concepts of the essence of the difference is in favor of the facts of the crime control theory to distinguish between perpetrator and accomplice.On the basis of the above, this paper uses domination theory of indirect principal has to do a critical survey of the four categories of indirect principal forms were determined. The first is the use of others lack of elements of the act, and can be divided into 1, the lack of objective elements of behavior, including the lack of object criminal behavior, behavior of others using non physical activity; 2, the lack of subjective behavior, including the use of other innocent action, the negligence of others. The second category is the use of others lack of illegal behavior, people need to use the dominant comprehensively to the facts of the crime. The third is the use of others the lack of accountability, lack of responsibility have the ability to use specific tools, the lack of others look forward to the possibility of the behavior and the use of others is prohibited and wrong behavior. The fourth category is good With the criminal acts of others. Excluding the some of the indirect perpetrator established forms, the related theoretical issues proposed own opinion.