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The Research Of The Indirect Principal

Posted on:2019-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:B L YinFull Text:PDF
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As indirect principal was exotic,the research on indirect principal of Chinese Criminal Law started late.The study of the indirect principal is still on the weak stage relatively in our country.Though it has taken a place in the field of criminal law theory and juridical practice,but in recent years,the indirect principal theory's further development has encountered the bottlenecks with the development of accomplice theory and essence theory of indirect principal.Owing to special accomplice theory basis of Chinese Criminal and Contention of a Hundred Schools of Thought in our country's Criminal Law theory environment,some of scholars begin to suspect the existence value of the indirect principal and its existence basis.But indirect principal as an objective existence of joint crime's illegal act,it should be recognized the necessity and realism of its existence.The concept of indirect principal is born in the theory of German criminal law.I claim adopting the popular theory called behavior control theory to understand and definite indirect principal.Among these theories,the meaning control theory's definition of indirect principal is the most accurate.It claims indirect principal is not necessary to carry out the criminal act in person,but it dominates the whole crime process by the advantage cognition.And it's an artificial and substantial principal offender.Negativism can be divided into unitary of principal offender theory and expansion of accomplice theory.The defect of unitary of principal offender theory is classifying all the people who works for crime as equal status.So that not only does the regulation function of constitutions become invalid,but also it breaks out the protection of human rights characteristics and modesty of criminal law.Ultimately it affects the realization of a legally prescribed punishment;expansion of accomplice theory has failed to prove the principal of instigator,which is the nature of indirect principal.Hence,the Negativism are both not established.The indirect principal originates from accomplice theory,and comprehension of accomplice theory is based on the legislation.The accomplices theory of our state recognizes the concept of indirect principal.So lacking of indirect principal concept will cause more theoretical flaws or punishment loophole,so it is necessary to make the concept of indirect principal existing.Meaning control by force,meaning control by deception,meaning control by State power,three kinds of facts,can proved the objective existence of the phenomenon of indirect principal.
Keywords/Search Tags:indirect principal, unitary of principal offender theory, expansion of accomplice theory, meaning control
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