The Study On The Starting Of Indirect Principal

In criminal law theory,starting is the starting point of criminal execution.It has the function of differentiating the preparatory stage and implementation stage of deliberate crime in the criminal law system.As the criminal law of the continental law system generally adheres to the principle of the principle of non punishment in principle of preparation,the start of the practice is an important symbol of the distinction between the unpunished and the unpunishable preparatory offenders.The indirect principal is a special form of the principal offender.It refers to the use of others as a tool to carry out the crime.Its particularity is that the behavior structure is composed of the use behavior of the user and the use of the used person.Many scholars have put forward various assumptions about the criteria for the initiation of indirect principal offenders.However,a unified view has not yet been formed.The article believes that the study of the indirect principal offender,first of all,should have a clear understanding and grasp of the theory of practice in criminal law.On the basis of understanding the standards of the conduct of the direct criminal,we should discuss the indirect principal deeply,and should be the correct research idea.Based on this,this paper,taking the concept of "start" as the starting point,from the start of the direct criminal to identify the starting to the indirect principal offender to identify the issue,and finally put forward the core point of this article: to promote the "used person to say" as an indirect offender to start the identification standard.The following three chapters are carried out in detail.The first chapter is a summary of the theoretical premise of indirect principal offense.This chapter first discusses the concept and characteristics of indirect principal offender.Through the contrast with the direct criminal,this chapter revealsthe unique research significance of this article.Secondly,the four theories of "objective theory","subjective theory","compromise theory",which are identified by direct offenders,are introduced and evaluated in detail.There is a general separation of subjectivity and objectivity in the study of direct principal offenders.The second chapter introduces and comments on the theory of the identification of indirect principal.The logical sequence is carried out in two parts: first,the different views on the identification of indirect principal offenders in the civil law countries are discussed,and in particular,the four representative theories of "user theory","used person","individualized theory" and "comprehensive theory" are described in detail,and they are shown to agree with the "used person".The basic points of view are: second,the various discussions on the criteria for the identification of indirect principal offenders in the Chinese academic circles are introduced,especially the detailed exposition and analysis of the "user theory" and "individualized theory".The third chapter is the advocacy and application of the theory of "used person".This chapter is divided into three parts.In the first part,after the analysis of the malpractice in the previous chapter,the author points out the criteria for the identification of the indirect principal offender.First,it should be guided by the principle of unity of subjective and objective principles,and on the basis of the adoption of the conduct of direct offenders,and through the analysis of the structure of indirect principal offenders.The realization of the purpose of this type of crime is the combination of the behavior of the perpetrator through the use of as or the way of inaction and the obligation to prevent the use of the act of inaction,so the identification of its start should take full consideration of this special structure.The second part,from the perspective of combining action and omission,examines the types of indirect principal offenders,and the theoretical significance of "used person" from this perspective.Third,fill in the explanation with the case related to the indirect principal offender,and test the practical significance of the "used person" in an empirical way.