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The Abolition Of Indirect Principal

Posted on:2022-03-04Degree:MasterType:Thesis
Country:ChinaCandidate:J Y GaoFull Text:PDF
GTID:2506306608481934Subject:Criminal Law
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Indirect principal is a controversial concept in criminal law circle both of China and Civil Law system.Meanwhile,The specific issues are presented as different disputes,which means that researchers of Civil Law system rarely pay attention to the legitimacy of the concept's existence while Chinese researchers are increasingly work on this problem.The legitimacy of indirect principal concept is based on either functional or classification value,among which the functional value—more decisive one—includes particular characteristic of perpetrator and indirectness.Discussed doctrines on perpetrator,including alternative-role theory,tool theory,causality theory,normative-barrier theory and behavior-control theory,gradually go deep into perpetrator.Alternative-role theory is not genuinely focused on perpetrator;tool theory leads to subjectivity and appearance;causality theory is lack of operability.It is considered rational that behavior-control theory was improved by combined with normative-barrier theory.It is suggested by intentional-act theory that the subject and behavior of an act could be segregated from each other,and based on this conclusion,the individualization theory is rationally chose to evaluate the indirectness of an illegal act,with considering behavior-beginning problem as breaking point.The characteristic of perpetrator and indirectness could not coexist in one illegal act in criminal law of Civil Law System.Although proofed valueless,indirect principal concept is scarcely possible to be abolished by Civil Law System,which is resulted from its irrational criterion judging harmfulness by the form of crime participation.Considering form of crime participation the only influencing factor of individual harmfulness in complicity,based on conventional theory of Civil Law System,leads to non-coexistence of perpetrator and indirectness,while this result cannot be completely in conformity with social ethics and indirect principal is needed to resolve the conflict.Indirect principal is not only valueless in functionality but also harmful in systematic significance to Chinese criminal law.There is no systematic defect in Chinese criminal law when judging individual harmfulness in complicity,the rather that indirect principal does harm in identification of acts,improvement of theory research and enforcement of Criminal Law.It could be abolished with apprehending and explaining Criminal Law with double-differentiating-system theory.
Keywords/Search Tags:Indirect principal, perpetrator, indirectness, double differentiating system theory
PDF Full Text Request
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