Research On Status Crime Of Indirect Principle Offender

At present,the criminal law of our country has not clearly stipulated the indirect principal offender,and the theoretical research is also relatively lagging behind,but the phenomenon of using indirect principal offender theory to solve the problem already exists in the judicial practice.Among the related problems of indirect principal offender,the problem of combining with identity crime is the focus of scholars' controversy.The problem of indirect principal offender of status crime is more and more complicated because it involves the identity relation of status crime,the type of status crime and the principal offender of indirect principal offender at the same time.To discuss the relationship between the status crime and the indirect principle offender is inseparable from the consideration of the concept of the self-implemented crime.The relationship between self-implemented crime and indirect principal offender is mutually exclusive,while self-implemented crime is a cross relationship with status crime.Therefore,as a non-personal self-implemented crime,the status offender can have the possibility of accomplice a crime through indirect principal offender.Next,after clarifying the relationship between the principal offender,the indirect principal offender and the self-implemented crime,we consider whether the statue crime can be implemented in the form of indirect principal offender in the status crime which involving the identity and the non identity.Different types of crime can not be completely formed in the form of indirect offender,and the different situations need to be analyzed and treated differently.According to the controversial focus of the scholars,this paper will focus on the following two points: one is the identity of persons use the intentional persons to carry out the pure identity crime;two is the non identity persons use the unintentional or unaccountable person carries out the pure identity crimeFor the former,from the perspective of the principle offender of indirect principal offender,it negates the equivalence between the utilization behavior of the identity with the individual principal's personal execution of crime,and negates the possibility of its establishment of indirect principal offender.Based on the theory of accomplice position,the overall evaluation of the crime of identity and non-identity,because the criminal intent of non-identity makes contact with mens rea,both two or more persons jointly intentional concealment conform to the conditions of joint crime,the identity is a principal offender,and the unidentified person is established joint offence(help offender).For the latter,it is believed that the unidentities establish an status crime of indirect principal offender has its theoretical and practical value,while denying all the pure identity crime can establish the indirect principal offender of the non-identity person.In some status crime,for the identity person to be used without criminal intent,this unwitting body can't be harm to the related object which the status crime protect,such as the offence of bigamy,the crime of losing firearms without reporting and the offence of fleeing,so for this part of the pure status crime,there is no possibility of non-identity eatablish indirect.