论亲手犯.pdfVIP

Abstract The concept of personally committing crime, evolved from German at the beginning of the 20th century, After more than a century of development, has become a common theory in the civil law countries, such as German and Japan. It plays a very important role in the research and practice. In the criminal law of China, the concept of personally committing crime has not been defined. The research of personally committing crime in the theory field is also comparatively odd and scattered, which studying more on indirect principal offender, status crime and lacking scientific argumentation. Therefore, it is necessary to make more researches on personally committing crime. Correctly grasp the concept of personally committing crime, so as to make a correct understanding of its feature,scope and types. The personally committing crime exists a inseparable feature of the status of the subject and objective behavior, which makes the existence of the relationship and difference with status crime, intent crime, negative crime, expressive crime, act crime; Analyse the significiant factor for constitutive requirements of personally committing crime,which include its status of the subject and objective behavior,so to make a futher distinguish between personally committing crime and other crime pattern, inducing the confusion of concepts. Research and identify personally committing crime from the aspects of stop pattern 、co-crime pattern and the pattern of criminal quantity, not only need to consider the particularity of personally committing crime,but also the similarity of other crime. Disscuss “part of the behavior of all responsbility”between personally c