Research On Taking The Aider As Principal Offender

The legislative phenomenon of principal offending of accessoy has been complicated in our theory of criminal law.By responsing the “critique ”of the taking the aider as principal offender,i think the legislative phenomenon has some rationalities.Not only the theory of double-layer differentiating system,the principle of the accessory and independence,the causality theory,the restrictive dependence all provide enough theoretical basis for them,but the accusation-setting in Specific Provisions of Criminal Law offer it realistic basis.The legislative phenomenon of principal offending of accessoy mianly exsists in crimes against the social management,the chain crime and situation where the helping behavior playing mian roles,we can divide them into“accessory being principal offender ”and “ the helping behavior criminalized”.Accounting for the helping behavior,we can find it is the act of perpetrating and it has the feature of categorization.As a legislative phenomen to adapt to the development of the risk society,the principal offending of accessory not only has already appeared criminal law amendment(eleven),but in my opinion,we can make “transport poisonous and harmful food”“offer poisonous and harmful non-raw-food material” in food industry and make“transport fake and adulterant medicine”“produce and sell medicine ingredient made into fake and adulterant medicine”criminalized in medicine industry.