正犯

On the Issues for the Types and Determination of Indirect Principal Offender

间接正犯类型及认定问题研究

Only at the instigation of acts of doer, it is being implemented to increase elements of behavior as an independent crime.

只有在行为人唆使正犯实施的加重构成要件行为是一个独立的犯罪的情况下，行为人的行为才能成立承继的教唆犯。

In this criminal case, she is the principal offender.

在这起犯罪案件中她是正犯.

indirect criminal is a concept adopted by the theoretic circle of criminal law in civil law system, which has been widely discussed and studied by lots of criminal lawyers in civil law counties, and even been codified in criminal statutes in some of such countries.

间接正犯，是大陆刑法理论中使用的一个概念，许多大陆法系的刑法学者已对其进行了深刻的探讨，甚至有些国家已经将其上升到立法层面。

On Equality 、 Justice of Criminal Law On the Perpetrating Act by the Indirect Criminal

论刑法的平等、公正观间接正犯的实行行为研究

The first two parts of which describes the behavior of the general theory of composite structures can be regarded as remarks; after the two-part commentary and analysis of the indirect perpetrator, because of liberty and the set standard, can be regarded as sub-theory.

其中前两部分介绍了复合结构行为的一般理论，可视为总论；后两部分评述并分析了间接正犯、原因自由行为的着手标准，可视为分论。

Indirect criminal, is a common crime and closely related to the special theory of crime.

间接正犯，是一种与共同犯罪理论有着密切联系的特殊犯罪形态。

He did not tell her to cut back on the amount of adultery she was committing.

祂没有吩咐她去削减她正犯的奸淫罪的数量。

Research on the Scope and Determination of Indirect Principal Offender

间接正犯的成立范围与认定研究

The author, based on the view of many scholars, in conjunction with their understanding of the problem, Indirect Accomplice punishment should follow the principle of immediacy, the principle of independence and integrity of principle.

笔者结合众多学者的观点，结合自己对该问题的理解，提出了间接正犯处罚中应该遵循的直接性原则、独立性原则和概括预见原则。

But these seem minor bloops compared with when candidates get it really wrong.

但是跟申请人真正犯错误相比，这些不过是小洋相罢了。

The issue of plotting co-principals discussed in the article is a unique concept in the Japanese theory of joint crime. It was created in Japanese leading case, but it has been disputed in the academic world.

本文所探讨的共谋共同正犯是日本刑法共同犯罪理论中特有的概念，它虽然是日本判例确立的概念，但在学术界却存在颇多争论。

Research on the Features of Indirect Principal Offender

间接正犯特征探微

The issue of the commencement of the indirect principal is one of the most controversial issues in criminal law theory, since the indirect principal theory was created.

间接正犯着手问题是间接正犯理论产生以来刑法理论上争论最为激烈的问题之一。

It looks, then, like Derwent could be on to a good thing, but computers aren't always reliable-as per biologist Paul Ehrlich's quote, 'To err is human-but to really foul things up requires a computer.'

看起来，这样的东西似乎是很好的，但是同时电脑又不是那么可信，就如一位生物学家保罗·欧利希引用人无完人说，其实真正犯错的有可能是电脑。

Analysis on the Mistake of the Indirect Principal Offender

间接正犯之错误探析

At last a conclusion was reached that the unilateral accomplice is a special form of accomplice.

在这一部分中,本文采取的是对正犯和狭义共犯分开探讨的方式,以便揭示其是否有片面共犯存在之可能.

Chinese Tong-saying also advocates a distinction between perpetrator and accomplice.

我国通说亦主张应当对正犯与共犯进行区分。

But the authors only admit fault joint principal, deny the establishment of fault instigator and fault help make.

但本文只承认过失共同正犯，否认过失教唆犯和过失帮助犯的成立。

The essay also discusses the properties of indirect accomplice, and distinguished indirect accomplice from joint offender.

本文还论述了间接正犯的性质, 并对间接正犯与共犯的区分作了研究.

Different theories about the principal quality of indirect principal determine indirect principal has different existence types.

不同的关于间接正犯的正犯性理论,决定着间接正犯的存在范围与类型.

United system legislation mode is based on the concept of the expansion of principal offender.

统一制共同犯罪立法模式以扩张正犯概念作为其理论基础。

The second part of the text solves the problem of the nature of indirect principal by the means of theoretical and normative investigation into the theory of essential elements.

第二部分本文是根据构成要件理论的规范性的考察方法解决了间接正犯的正犯性问题。

In the structure of joint action, only when the coexecutors act in concert, can their plan be realized, but at the same time each of them can make the entire plan to be disillusioned by canceling his participation in the crime.

在共同作用结构中，共同正犯只有共同行为，其计划才能实现，但是其中任何一人都能通过取消其犯罪加功而使整个计划破灭。

If people with the crime status instigating or exploiting those who do not have the crime status but have the capacity to perpetrate a status crime, both are direct guilt.

有身份者教唆、利用无身份而有刑事责任能力的人实施真正身份犯，有身份者和无身份者均构成直接正犯；

The author keeps a negative view on the question if the narrow sensed accomplice exists.

这是因为帮助犯相对于教唆犯和共同正犯而言,对于正犯的依附性更强,因此通过论述片面共犯的成立实际上就至少是解决了片面帮助犯能否成立的问题.

The act of the indirect principal consists of two parts, the preparatory behavior and the perpetrating act.

在间接正犯的行为中，包含间接正犯的预备行为和实行行为。