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近年来,由我于1963年(将近50年前)提出的“在组织性权力机构中基于意志支配而产生的间接正犯”[1]概念,已经在国内法院以及国际刑事法院的多个判决中获得了采纳,并且也得到了有力的证实。由此,这一概念进入到了国际性学术研讨的中心。[2]在学术界,这些判决获得了许多支持。但也存在不少批判的声音,这些批判部分是针对该概念本身,部分则是针对其适用的条件。本文将对这些反对的意见加以辩驳。首先,需要对辩驳的对象,即组织支配理论以及判例的最新发展情况进行一番简要的叙述。
In recent years, the concept of “indirect offender based on will control” [1] proposed by me in 1963 (nearly 50 years ago) "has been widely used in domestic courts and the International Criminal Court The verdict was adopted, and it has also been strongly confirmed. As a result, this concept has entered the center of international academic research. [2] In academia, these judgments have gained much support. However, there are also many voices of criticism. The criticisms are directed at the concept itself, and some of the conditions are applicable to it. This article will rebut these objections. First, there is a need to give a brief account of the latest developments in the object of dubbing, the theory of organizational domination and jurisprudence.