Research On Indirect Accomplice

Indirect accomplices,also known as indirect perpetrators,refer to the evil backstage manipulators who manipulate the direct actors to achieve the purpose of implementing the constitutive elements through compulsory or deceptive means,but do not directly implement the constitutive elements or cannot be considered as the accomplices of the direct actors for the lack of certain elements.The accomplice nature basis and establishment scope of indirect accomplices as well as the boundary between instigators and indirect accomplices are important and complicated issues in the research of criminal jurisprudence.The establishment of the concept of indirect accomplices is of irreplaceable significance.The abolishment of this concept will lead to many new theoretical problems.Therefore,the establishment of the concept of indirect accomplices should be affirmed.Indirect accomplices have both accomplice nature and non-accomplice nature.The behaviors of indirect accomplices have the power to dominate the implementation of constitutive elements of crimes.The doctrine of willensherrschaft correctly grasps the accomplice nature of indirect accomplices with the concept of “dominant position”,and correctly expresses the nature of the backstage manipulators’ behaviors of controlling the crimes.The substantive interpreting path featured mainly by the doctrine of willensherrschaft is rational for comprehensive and substantive judgments on behaviors.In addition,with the doctrine of willensherrschaft as the judgment criterion,the establishment scope of indirect accomplices can be reasonably grasped,and meanwhile indirect accomplices and instigators can be rationally distinguished.