On Setting Up The Crime Of Separate Instigator

The common crime is one important part of the whole theory of criminal law,the instigator joint the common crime in the way of instigating someone to commit a crime,the instigation crime become one of the difficult issues in the Criminal Law because of its uniqueness and complexity.In China's Criminal Law Article 29,instigating a crime,according to him in the role of a common criminal punishment,if the instigated person is below eighteen,the instigator should be punished heavier.If the person is not guilty of instigating the crime he was instigated,the instigator should be punished lighter or mitigated.There are lots of arguments exiting in the rule:two different instigators include accomplice instigator and separate instigator ruling in one article which makes confusing when a great number of scholars research this problem,then lots of differences come.Based on this,the author used the method of comparative study,attempting to research the nature of instigator and the unfinished aspects of morphology in the way of distributing the accomplice instigator and the separate instigator.Because there are many unscientific theories and contradictions in the light of judicial practice,the author advocate that the separate instigator should be separated from the field of common crime and the crime of separate instigator should be seted up and ruled in the relevant chapter of the Criminal Law, the author also research the conviction and punishment of other situations which are not includes in the accomplice instigator.This article contains four parts:Part One discusses the problems with instigator exiting in our Criminal Law, the author think the reason of these problems is that we study separate instigator in the field of common crime,while,in this situation,in fact it belongs a separate crime,so we should build the theory of separate instigator and set up the crime of separate instigator.Part Two discusses the nature of instigator and its unfinished aspects.The main problem with the theory of instigator is its nature.The different understanding will influent all the other thing.With the nature of instigator,it is highly controversial between common crime dependence and common crime independence,through the comparative study,the author advocate the general point,at the same time,the dependence is main.The unfinished aspects of morphology are also controversial because of undistributing the accomplice instigator and the separate instigator, so the author try to solve the problem in distributing the two aspects.Part There discusses the necessity and feasibility of setting up the crime of separate instigator.It makes the theory of common crime perfect and the instigation is accordance with being a separate crime.Part Four discusses the relevant problem of the legislation design and the justice application,and the crime of separate instigator is different from the crime of teaching methods and instigating crime in our Criminal Law.