On The Act By Indirect Principal

The indirect principal is a very important concept adopted by the theory of criminal law in civil law system. This paper recognized the related study of the theory on indirect principal, emphatically to discuss the concept of the indirect principal, the indirect principal offender's behavior structure and its intrinsic relations, the Perpetrating act of indirect principal. It is of the vital significance regarding the revelation of indirect principal offender's essence and its characteristic to study the indirect principal offender's behavior, moreover, it also has the important instruction function regarding recognized the perpetrating act's commence of indirect principal.The paper falls into four parts:Part One: Preview of the theories of indirect principal. First, discuss the concept of indirect principal and its characteristic. Thought the indirect principal offender, is refers through uses other people not to have in the criminal law significance crime, or has with own heterogeneity crime, but controls this other people implementation only formally to tally the criminal law minute then finalizes constitution important document bodily movement, thus the essence drills controls the human who the entire crime implements the process. Summarizes the indirect principal offender's four behavior characteristic, namely, in form compound and in indirect, in the substantive unitarity and substantive, the behavior way particularity and the responsibility undertake on independence. Next, through the inspection tradition behavior theory, promulgates it the explanation difficult problem which encounters facing the indirect principal offender theory. Finally, thinks only then the behavior explanation is the detachment condition function which controls by the author in a specific object overall process, can explain the traditional behavior theory the difficult problem.Part Two: The Constitution of the act by indirect principal. The act by indirect principal is the subjective and objective structure entity. Its objective structure by the main body essential factor, the condition essential factor and the object essential factor constitutes. In the condition essential factor act of utilization and the utilized act and its characteristic, have manifested the indirect principal offender's behavior essence. The indirect principal offender behavior subjective structure is by its understanding essential factor and the will essential factor constitution, its subjective structure essential factor fully has also attributed the indirect principal offender's subjectively characteristic. Part Three: The intrinsic relations in the act of the indirect principal. First, the constitution of indirect principal consists of the subject factor, the condition essential factor, the object essential factor and the subjective essential factor are the dialectical relations which each other relation, unifies mutually. Next, in the indirect principal offender behavior can manifest its special characteristic controls the relations. Author through to the"control-principle"; and the"crime-control theory"; the narration, made up for one's deficiency by learning from others' strong points both, has carried on the model and the development, proposed the new"control-principle"; and took it as the analysis indirect principal offender behavior the rationale, after but in the multi-analysis indirect principal offender behavior control relations and the characteristic, have further promulgated the indirect principal offender behavior special characteristic. Thought the indirect principal offender's behavior, merely stops by no means in the use own body sound of something astir, but is the use under the subjective control, controls and (i.e. detachment condition) is affected using the behavior using the behavior in the specific object concrete existence condition entire process. From the standard, in the constitution important document significance says, is the use control constitution important document realization process; Says from the law profit angle, is the use control method profit violation cause and effect flow process. The indirect principal offender to this overall process control, is it to uses the behavior and is used the law profit violation result which the behavior produces to undertake the legal responsibility basis, its control scope and the degree have decided its legal responsibility scope and the degree, but the use is the indirect principal offender behavior responsibility main body.Part Four: Perpetrating act of the indirect principal. The act of the indirect principal consists of two parts, the preparatory behavior and the perpetrating act. The perpetrating act of the indirect principal ,for short, the indirect perpetrating act, is refers to in the indirect principal offender's behavior to tally the criminal law minute then the article constancy stipulates has the violation law profit realistic risky behavior. The beginning of the indirect perpetrating act is the perpetrating act's commence of indirect principal. About how to recognize the perpetrating act's commence of indirect principal ,there are three different viewpoints in the educational world, that is, the view who believed start at the act of utilization, start at the utilized act or other. This article believed that, the indirect principal offender implements begins, only can be each kind of detachment condition which and its uses through the inspection use subjective malignancy (including own condition and by use condition) and the development condition and so on the special details, the definite author already started to control the entire constitution important document when the realization process, and was its behavior had the threat or violates some kind of law profit when the realistic danger. The indirect principal offender violates the law profit the risky degree to achieve this kind of standard time, namely possibly in the act of utilization, also in the utilized act. Must using the behavior and using the behavior is unified, through the whole consideration indirect principal offender's behavior, carries on the determination according to the case special details.