间接正犯若干问题探讨

Research on Several Problem of Indirect Criminal

间接正犯理论是一个重大且复杂的理论问题。其中,间接正犯的概念、特征及其与教唆犯的区别等问题既是间接正犯理论的核心问题又是在中外刑法中备受争议的问题。对间接正犯的概念应作广义的理解,既包括犯罪行为也包括犯罪人。间接正犯在主观方面、客观行为方面和利用对象方面具有其自身的基本特征。间接正犯与教唆犯在客观方面、利用对象方面、定罪处罚方面和主观方面均不相同。

The theory of indirect criminal is a significant as well as complicated theoretical problem. It is no exaggeration to say not only are the concept and features of indirect criminal, the differences between indirect criminal and abettor and other questions concerning indirect criminal the key to the theory,but also a problem which has given rise to a variety of worldwide hearted debates in the field of criminal law theory. The best way to understand the concept of indirect criminal is to comprehend its broad sense, including criminal activities and offenders. Indirect criminal has its own special characteristics in the subjective respects,objective action respects and utilizable object respects. It is different from incite criminal in the aspects of objectiveness, conducts with exploiting,declaring guilty, punishment, and subjectivity.