论间接正犯的着手标准-刑事诉讼法专业论文.docxVIP

II II Abstract Indirect guilt refers to an instance in which an actor do not directly involved in the implementation of the criminal acts, but by making use of formal manipulation comply with the provisions of criminal law constitute elements of special requirements but do not constitute a common criminal relationship to others and the behavior itself to the implementation of the crime. How to determine the start of the act of indirect guilt is a extremely important issue in the indirect principal theory and even the whole theory of criminal law, having a very important meaning of criminal theoretical significance and judicial practice. It bases on the theory of indirect guilt and setting about the offense to solve the problem of the start standards of the act of indirect guilt. There are divergent views on seek indirect principal proceed standards, i.e., the use of behavior theory, the act of a cat’s paw theory, individual theory and combinational theory in criminal law scholars. The use of behavior theory, which is the general theory in many countries and regions, does not meet the identified implementation of the basic conditions of the standard of the act of perpetrating and will expand the range of penalties for the aborted crime. So it is not the suitable recognized standards as indirect principal proceed. Individual theory also does not help to resolve the problem for its defects such as standard uncertainty and so on. Combinational theory looks like a comprehensive view but in fact general and vague, resulting in the arbitrariness of that standard. While the scientific community have many criticisms, but the behavior being used theory is indeed reasonable for indirect principal ending. Firstly, if the accomplice theory to adopt the common behavioral said, then the user and the being user are abetting and being abetting. The act of a cat’s paw theory is consistent with the interpretation of the criminal law. Secondly, indirect guilt is a special form of perpe