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间接正犯也叫间接实行犯、他手正犯,是刑法理论问题中的重要问题之一。间接正犯的情形从古至今一直存在于司法实践中,但目前我国刑法中并没有对间接正犯的明文规定。随着社会经济的发展、城市化进程的推进,犯罪行为、种类变得日益复杂,因此近几年我国法学界对间接正犯的问题也逐渐深入研究。对间接正犯的研究对于司法实践中难题的解决,打击犯罪和构建法治社会大有裨益。因此笔者在此将就间接正犯的概念、形式和认定等疑难问题略作探讨
Indirect principal offense is also called indirect execution, his hand is guilty, is one of the important issues in the criminal law theory. The situation of indirect offender has existed in judicial practice since ancient times, but at present, there is no explicit stipulation on indirect criminal in our criminal law. With the social and economic development, the advancement of urbanization, and the increasingly complicated criminal behaviors and categories, the legal circles in our country have gradually and deeply investigated the problems of indirect offenders in recent years. The study of indirect offender plays an important role in solving the difficult problems in judicial practice, combating crime and building a society ruled by law. So I will be here on the indirect guilty of the concept, form and identification and other difficult issues a little discussion