Research On The Accomplice Utilize Criminal Minors

If a person with the ability of criminal responsibility makes use of a criminal minor to commit a criminal act,the two may form an accomplice.Joint crime is a joint act at the illegal level.It is only necessary to analyze the legitimacy and illegality of the constituent elements to judge whether the person with the ability of criminal responsibility and the criminal minor can form an accomplice.There is no need to consider the age of the utilized person and other elements of responsibility that affect only one's own responsibility.Therefore,the failure of criminal minors to reach the age of criminal responsibility does not affect the formation of accomplices with persons with criminal responsibility.An abettor who abets a criminal minor to commit a illegal act may establish an abettor,an aiding offender who assists in the commission of a criminal minor,and a joint principal offender(including a joint principal offender who conspires to commit a joint principal offender)who abets a criminal minor to commit a illegal act.).This article is divided into six parts:In the first part,after analyzing the theory and the present situation of adjudication,combined with the objective situation that some criminal minors already have the ability to identify and control,the author puts forward that it is inconsistent with the reality to identify all the users as indirect principal criminals.The second part first introduces the connotation of the criminal minor,then discusses the principal nature of the indirect principal offender,and points out that the user can not be directly recognized as the indirect principal offender just because the utilized person does not reach the age of responsibility.On the other hand,we should consider the degree of dominance of criminal minors and normative obstacles.The third part,according to the theory of restriction from attribute,points out that the criminal minor has committed an act that meets the constituent requirements and is illegal,and the use of the person can establish(broad sense)accomplice with it.The fourth part analyzes the case based on the theory of behavior domination,and holds that the use of people and criminal minors can form a joint principal offender.The fifth part studies the case of using people to abet criminal juvenile delinquency,points out that it is not theoretical legitimacy to deny the use of abettors to set up abettors,and distinguishes instigators from accomplices.The sixth part is the conclusion of this paper.