论间接正犯的着手

Study on the Beginning Act of Indirect principal

间接正犯的着手是共犯理论中立场对立鲜明、争议颇大的问题,主、客观学派对于间接正犯着手的考察相去甚远,而在大陆法系国家的司法实务中也未曾达成共识。事实上,对间接正犯着手的考察应该站在客观主义的基本立场下,辅之以间接正犯的人身危险性考量,借鉴保安处分制度的优势,进而保证刑法的公平正义。

The beginning act of Indirect principal is an obviously controversial issue in accomplice theory. Ob- jectivism and subjectivism have different viewpoints. And there is no agreement in judicial practice of civil law coun- tries yet. Actually, study on Indirect principal should base on the standpoint of objectivism. Meanwhile, personal danger of indirect principal offenders should be considered as the complement, and we need make use of the advan- tages of the security measure system. Only in the way can criminal law be fair and justice.