On Indirect Principal

There are various of cirminals,the most common is direct principal which is doing by oneself. In the practice of criminal law, we abide by criminal law also according to the criminal act.However,in real life, there are many behavior we have never seen but real hert our order,rights.wealth,health and happiness.Indirect principal is that kind of criminal.The actor is hiden behind the scenes.to achieve their criminal goals by all kinds of method of other people.The current criminal law is not effective to those harmful behaviors sometimes and criminals is not punished. The study of abroad about indirect principal is for a long time, medieval Italy is having this word.Before this, the meaning of the system of common duty of one family in ancient Greece is similar to indirect principal. The records of relevant penalty in anciert Chinese is including the spirit of the indirect principal.Therefore, people already know the indirect principal for a long time,but these known are obscure,unclearing.In morden times, with the deepening of the research,many theories of the indirect principal is rising,making the study of the indirect principal a great progress.Owing to the different point of view,the conclusion is different too,making the different result of cirme sentence in real life.One of the purpose of this study is finding the unified understanding based on the all kinds of studies, to further explore the essence of indirect principal, In the same time of the understanding of indirect principal and have a good influence on criminal law practice.This paper is divided into four parts, mining parallel mode,every part is relavent to different part of the indirect principal system.The first part is mainly talking about the concept and characteristics of the indirect principal. The concept of indirect principal,introduces the indirect principal in Continental law and the inncocentcagent which in similar to the indirect principal in common law.Based on this , Lead in the theory of Chinese criminal law.After this,is the characteristics of the indirect principal.It contains the principal character,the direct causality between the action and the harmful result, the indirection and the independence of responsible for the criminal responsibility.Chapter two is about the theoretical principle and the elements of actor.Showing my opinion on the basis of analysising various views.Observed the two part of indirect principal,user and passive user, interpret the essential elements of the two party.Chapter three is about the established range or the indirect pricipal.My attitude is relaxed.In my opinion, no matter whether the behavior of passive user constitute a crime, which crime, as long as the user subjectively by others achieve their intentionally, use the actions of others objectively and cause the harmful result,is established indirect principal.The forth part is about the difference between the abettor and personally committed. Focus on the difference between the indirect principal and personally comiiteed which is less attentioned by scholars.