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间接正犯和教唆犯一直有着较为密切的联系,二者十分相似。间接正犯是行为人基于自己的犯罪意图,故意利用他人实行的,但又与他人不构成共同犯罪的犯罪情况。教唆犯是教唆他人犯罪的人。通过对二者的概念进行辨析,以及对基本特征和犯罪构成的研究,可以在沿着中外学者对二者在形式侧面和实质侧面进行区分的道路上进一步在所利用行为的范围、所利用对象的范围、定罪处罚方式、主观方面四个方面进行区分。
Indirect prisoners and abettors have always had a close relationship, and the two are very similar. Indirect principal is an act of crime based on their intention to use others deliberately, but with others do not constitute a crime of common crime. Abettors are those who abet others to commit crimes. Through the analysis of the concepts of the two and the study of the basic characteristics and the composition of crime, we can further study the scope of the utilized acts along the path of distinguishing the formal and substantive aspects of the two by the Chinese and foreign scholars. The scope of the conviction and punishment, the subjective aspects of the four aspects of distinction.