The Research On The Establishment Scope Of Indirect Principal

Indirect principal is a criminal law concept in the continental legal system.It has taken a place in the field of criminal law theory and juridical practice.Originally,it comes into being for remedy of punishment loophole.It is the product of the concept of principal offender and extreme theory of accessory attribute.As the growing of criminal law,the relevant background of indirect principal changes,such as,from extreme accessory attribute to limited accessory attribute.However,indirect principal has its meaning and value yet,and its founded range varies.What is trouble is that it is not expressly stipulated in writing,and the research is just beginning.There is a lot of dispute about indirect principal.There are different theories about the scope of establishment of indirect principal.It brings a lot of inconvenience in its practice,for the reason that different theory leads to different conclusion,and it can't be applied to dissolve the problem of conviction and penalty which shall be settled by indirect principal theory.The founded range of indirect principal varies,the main reason lies in the different believe for the attribute of principal offender of indirect principal.Therefore,the writer introduced and analyzed three main theories about the principal offender attribute of indirect principal,to express his standpoint and put up with the theory of meaning control,and expand the range of indirect principal,introduce and probe the perpetrator behind the perpetrator and tell its priority.At last,the writer put the theory of meaning control in the Chinese criminal law circumstances,integrating the legislation and judicial practice,to discuss and probe,to illustrate and demonstrate the necessity and meaning of acceptance of the perpetrator behind the perpetrator theory.