Research On Beginning Act Of Indirect Principal

Indirect criminals are also indirect criminals.They use the characteristics of others' "instrumentality" to commit crimes and then achieve criminal purposes in the process of crime.It is a special criminal form different from direct criminals and different from common crimes.Indirect criminal problems are even more important in indirect criminal theory and even criminal justice practice.The current Criminal Code does not make specific relevant explanations for indirect principals.Therefore,for the identification of indirect criminal acts,the academic circles have put forward various theoretical theories based on different theoretical basis points for the definition of the starting time points,and in judicial practice.There is also no standard for the identification of uniform standards.Therefore,the basic conceptual features and types of indirect criminals are analyzed,and the four mainstream theoretical theories of indirect criminal infringement are compared on the basis of domestic and foreign academic circles.The identification of the practice behavior in indirect principal is taken as a theoretical study that combined with the preconditions for defining the standard of behavior.The beginning behavior of indirect principal is determined by the behavior of the user's behavior--the use of behavior.The doctrine of the crime is determined to be too early,leading to the extension of the criminal law system and the crime behavior.The expansion of connotation is contrary to the principle of modesty of criminal law.The beginning behavior of indirect principal is determined by the behavior of the catspaw--the behavior of being used.Although the doctrine avoids the excessive expansion of the penalty,it ignores the shackles of the subjective culpability of the user's mind.The beginning behavior of indirect principal is determined by whether catspaw is intentional criminality--the individualization.The doctrine is based on the continuity of causality between behavior and reality.It looks like focus on behavior of using and behavior of being used at the same time,but there are both shortcomings of the use of behavior and the behavior of being used.The beginning behavior of indirect principal is determined by the relationship between the behavior about user and catspaw and actual harm from legal benefit--combinational saying.The doctrine is based on the actual harm of the legal benefit,but it is similar to the individualization what is difficult to escape the dual drawbacks of the use of behavior and the behavior of being used.According to the principle of modesty of criminal law and the severe character of punishment,and based on the position of behavioral valueless theory,also from the perspective of the determination of substantive objectivism,we should focus on the human rights protection.The beginning behavior of indirect principal should be determined by the behavior of being used.When the catspaw begins to implement the behavior that meets the basic elements of the crime as stipulated in the Criminal Law,and the behavior has substantially actual harm,it should be determined as the beginning behavior of indirect principal.