论间接正犯的着手

On the start of the act of indirect guilt

间接正犯,是指利用他人作为工具实施犯罪的情形。间接正犯的着手问题是间接正犯理论产生以来理论上争论最为激烈的问题之一。国内外刑法理论界关于间接正犯的着手有四种观点,各执己见且难以形成基本的共识。依据实行着手的一般理论并结合我国的具体国情,我们应以被利用者的行为为标准认定我国间接正犯的着手。

Indirect guilt refers to an instance in which an actor implements a crime by making use of others as his tools. The problem of the start of the act of indirect guilt has been one of the most heated arguments in theory since indirect guilt came into being. There are four opinions about the cognizance of the start of the act of indirect guilt among in theory of criminal law and judicial department; it is difficult for them to form the consensus. Basing on the theory of setting about the offense and considering the specific circumstances in China, we think that the start of the act of a cat＇s paw should be the start of the act of indirect guilt.