实行犯认定标准研究.pdfVIP

目 录 ABSTRACT It is usually considered perpetrator refers to those that implement the constituent elements of criminal law provisions. This statement does not explain perpetrator fully but abides legality and commendable elements. But after careful study, it can be found that committing criminal law, in the field of criminal law, is contrary to the provisions on common crime, and is also in conflict with criminal law penalties of complicity in the narrow sense , so the theory of committing to implement does not accurately define perpetrator fully. The author intends to clarify perpetrator by two categories form - substance and subjective and objective. First of all, in the case of a separate crime, investigate whether the conduct of the perpetrator resulted in direct, real and urgent danger of legal benefits protected by the criminal law; whether the perpetrator is guilty for the objective danger state of legal interests suffered or subjective harm result, if we can get positive results , we can define this is a perpetrator. Secondly, in the case of common crime: first, whether the perpetrators behavior is in a direct causal relationship with the harm results; second, whether the perpetrators behavior is consistent with the constituent elements of crime ; thirdly, whether the perpetrators behavior cause to real and immediate danger of legal interests protected by criminal law; fourthly, whether the perpetrator subjectively and