On Regarding Aiding Act "as Principal Offender"

There is one kind of crime existing in specific provisions of the Criminal Law, and this kind of crime itself should have been belonged to aiding act, but legislators stipulate it as an independent crime with independent statutory penalty. Meanwhile this kind of crime has the following features:the aiding object is a certain actus reus, and the direct purpose is to commit the crime in order to achieve the expectant consequence of that crime. Crimes with aforementioned features in the specific provisions of the Criminal Law are:Crime of funding criminal activities endangering state security, Crime of funding terrorist activities, Crime of providing invaded illegally controlling computer information systems programs and tools, Crime of assisting in organizing prostitution and introducing bribe. This legislative phenomenon can be called as "regarding aiding act’as principal offender’". This article, on the basis of legislative inspection for these crimes, explores the theoretical basis and the legislative necessity of this phenomenon, and tries to make a theoretical construction for "regarding aiding act as principal offender". The article in addition to the preface is divided into four parts, the full text altogether about43000words.The first part is to inspect the legislation of "regarding aiding act as principal offender" Firstly the paper inspects the legislative evolution of "regarding aiding act as principal offender", mainly using accusation, charges in an indictment and statutory punishment as starting points. The establishment of accusation is the need of striking crimes but remains controversial; the description of characteristics of charges in an indictment is from simple to complex in dispute; most of the legal punishment of crimes is more and more light, and there is a bigger difference between punishment may be sentenced and suitable punishment for aider, and it is convenient for some crimes to set up independent legal sentence. Secondly the paper studies the legislative effect of "regarding aiding act as principal offender", mainly using application of accusation and proof of charges in an indictment as starting points. The applicative rate of crimes is low, but the aider of relevant crimes still exists, and the distinction with independent aiding act is in chaos; proof of criminal facts doesn’t need common crimes and common criminal intention.The second part is to explore the theoretical path of "regarding aiding act as principal offender". This part, basing upon the context of theory of joint crime in German and Japanese criminal law, develops theoretical evidence for "regarding aiding act as principal offender". Firstly, this part makes comparative analysis of principal offender’s nature which is the concept of limited principal offender and the concept of expanded principal offender, and then draws the conclusion that it is only in the context of concept of limited principal offender is there substantial distinction between principal offender and accomplice. Secondly this paper makes comparative analysis of the theory to distinct between principal offender and accomplice. Thirdly, it comes to the conclusion that the established basis of accomplice is of subordination of accomplices. Finally, on the basis of the above, it concludes the premise of "regarding aiding act as principal offender", and that premise is:substantial distinction between principal offender and accomplice exits in the context of concept of limited principal offender, and the establishment of accomplice is of subordination, so that the punishment for accomplice also belongs to the lawlessness of principal offender, it is by means of legislation to regard aiding act as principal offender that it can get rid of restriction of subordination of accomplice to realize independent evaluation.The third part is to analyze the necessity of "regarding aiding act as principal offender" This part first makes the analysis to the necessity of commented barrier if regard aiding act as accomplice. Regarding aiding act as accomplice not only may bring about barriers of applying penalty and lead to two extremes of crime imbalance, but also may lead to barriers to set up accomplice, so that it is hard to make aiding act criminalization in preparatory stage, or to prove the joint criminal intention. And then, it is to analyze the necessity of "regarding aiding act as principal offender" from the angle of criminal policy, and the author agrees that "regarding aiding act as principal offender" conforms to the basic requirements of active ordinary prevention and criminal policy of combining punishment with leniency.The fourth part is to make a theoretical construction for "regarding aiding act as principal offender" in the Criminal Law. Firstly, this part is to analyze the type of "regarding aiding act as principal offender" from the time, object and purpose of aiding act. And then basing on the type analysis, this paper clarifies the legislative standard of "regarding aiding act as principal offender", that is, regarding aiding act as principal offender should base on the principle of interest protection and the principle of criminal law, and meanwhile "regarding aiding act as principal offender" should have three characteristics of decisiveness, normalization and current danger. At last, it puts forward the necessary legislation for "regarding aiding act as principal offender", based on the perspective of the legislative criteria to inspect the existing legislation and inspire the future legislation, which is discussed from the establishment of crime, description of charges in an indictment, configuration of legal sentence and application of accusation.