间接正犯是指行为人出于自己犯罪的意思,故意利用他人作为工具,但又与他人不构成共犯关系的实行行为。间接正犯之范围主要是由被利用者行为的范围决定的,即被利用者的哪些行为能够被利用者用作实现其犯罪意图的工具。间接正犯与片面共犯二者的区别在于是否是共同犯罪,对主体要求不一致。 Indirect principal offender refers to the perpetrator for his own crime, deliberate use of others as a tool, but does not constitute an accomplice with others in the implementation of the act. The scope of indirect criminals is mainly determined by the scope of the user’s behavior, that is, what behaviors of the users can be used by the users as a tool to realize their criminal intent. The difference between indirect criminals and one-sided accomplice lies in whether they are joint crimes or not.