The Research Of Attempt Of Solicitation Of Ploblems Of Conviction

According to the stipulation in C1ause 29 of the criminal 1aw in China,those who aid and Abet others to commit a crime are abettors,which is a kind of criminals stipulated in the criminal1aw.But in the theory of stipulate,subornation is a special is and complicated type of criminalactivity.Compared with other criminals,the special aspect is that there are a variety of abettors.And now there are controversies about the property of attempt of so1icitation and conviction.To define the legal liability in attempt of so1icitation,it is necessary to define the legal character of abettors.Only do these,we can find the correct methods to solve the problems of abettors. Based on the analysis of the theoretical controversy about the property of abettors, the author discusses and analyzes different opinions about property of accomplice abettors.About this,there are controversy in Chinese and foreign criminal law circle.In the western countries,there are two opposite schools: accessory and independent,which affect each other On the basis of assimilatingand borrowing of western theories,there exist many different theories about this.From differentperspectives and layers,the expert draw different conclusions,which embodies the diversification of the theory.To judge the character of one object,we should study is nature.Different opinionsabout the various abetting criminal activities embody the above-mentioned disparities of essence and nature.The author assimilates these theories and comes to a conclusion that there are diversified properties of abettors.That is,the abetted accept their abide and abet.They becomeaccomplices.The former are subsidiary.If the abetted refuse their abide and abet,they are independent.Whether the abettors become the accomplices determines the criminal types.This is also the distinction among different the abetting crimes.In the classification of abettors,according to whether there is complicity,the abettors couldbe categorized into accomplice abettors and non-accomplice abettors.This classification reflectsthe character of the accomplice duality and non-accomplice individuality.so,the author studiesthe difference,relationship,and crime termination of them.He comes to the conclusion that non-accomplice abettors are independent,thus find of datum point for the research of punishment.Attempt of solicitation is one of the most complex problems in the theory of complicity and the Controversies about this areas fo1lows:frstly China,experts on the criminal law have different understandings on the property of abettors in item 2 in Clause 29 of the criminal law;secondly,there are controversies about the distinctions between attempted aiding and abetting and attemptf so1icitation;thirdly,people have different views about whether and how to convict suchbehaviors.The author also states the theory of relative punishment,and thinks that the relativepunishment is the unification of quantity and quality about criminal acts.This paper puts forwardthat attempt of so1icnation should be treated independently and the independent abettors anddefinition should defined in the criminal law.Fiua11y the paper raises a proposal for legislation.