间接正犯概念之定位

Positioning the concept of indirect principal offender

现实社会中普遍存在着以他人作为媒介实施犯罪行为的现象,而有时由于被利用人不具备一定的条件,不能将二者作为共犯处理,针对这种情况,产生了间接正犯的概念。随着犯罪参与基础理论的发展,对其概念的认识也不断发生着变化,在如今以限制正犯概念及共犯从属性为通说的理论背景下,需要我们认真审视间接正犯概念的定位问题。

There is a widespread phenomenon in the real world to carry out criminal acts by taking others as medium,but sometimes the used people do not have certain conditions, so they cannot be treated as accomplices, for this situation,resulting in the concept of indirect principal offender. With the development of the basic theory of crime involved, the understanding of its concept is constantly changing today. In the theoretical background of the limited concept of the principal offender and the subordinate accomplice, we need to seriously examine the positioning of the concept of indirect principal offender.