正犯的基本问题

在罪刑法定原则的视野下,正犯既是以实行行为为中心的形式概念,也是实质的概念,它有纯正和修正两种形式,后者包括间接正犯、共谋共同正犯和继承的共同正犯,根据间接正犯的性质,不能包括利用他人故意的行为,组织犯最好根据共谋共同正犯加以认定,此外,还有其他形式的犯罪可根据共谋共同正犯理论承担责任,继承共犯在一定场合对先前的实行行为也要承担责任。

Basic Issues relating to Principle Offender

In the circumstance of rule by law, the principal offender, which is not only a formal concept with the core of commit, but also a essence ones, is divided into pure and revised two styles. The latter includes the indirect offender, the joint - plot offender and the success offender. According to the commit nature, the indirect offender could not control the other offender with voluntary. The organizer should be ascertained by the joint plot offender, and there are other offender ought to be punished by it also, the success actor can be treated as offender and be reproached for the prior result.