From The Case Of Wang Baishan Intentional Injury To Analyze The Issue Of The Probability Instigator

As the essential problem of the theory of the joint crime, the theory of the abettor has been attracted more attention by the scholars. Most of the joint crimes in recent years were involved in the question of the abettor's identification and punishment. In recent years, the abetting has been emerging on diversity and particularity in judicial practice, such as the international injury of the joint crime, the stealing joint crime and the joint crime online which are included an phenomena that the content of the abettor's instigation toward the instigated is obscure and uncertain which is so-called the summary instigator in the theory of criminal law. The probability instigator is a kind of the abettor which is compared to the definite instigator. The study and analysis of the probability instigator not only benefits to analyzing the issue of the surplus behavior in joint crimes, but also to convicting and measure penalty for the abettor in judicial practice. Besides, it can avoid the violation of the principle of crime and punishment accordance in the criminal law which may lead to the injustice of judicature. The essay studies the issue of the summary instigator through the analysis of a case. The essay is comprised of three parts.The first part of this essay mainly introduces the general information of the case and controversial questions. In the second part of this essay, the author analyzes the case by the theory of law in detail which includes the legal problems related to the case and analyzes the instigation intention, the abetting of the abettor as well as the role that plays by the abettor in the joint crime. The third part of the essay mainly discusses the recognition and the punishment standards of the probability instigator in criminal judicial practice. This part is composed of two aspects. On one hand, the author differentiates the summary instigation from other relevant legal concepts. On the other hand, the author discusses the penalty of the summary instigator, the false idea of the penalty measurement and the specific punishment standards.