Study On The Instigation Attempt

The abettor theory is the important part of the common crime theory.The study to the abettor crime has important academic value and judicial practice signification. Compared to the Civil, our country short on time that abettor study, the system is confused, the view is different, especially the understanding of the Penal Code section 29, paragraph 2.In the judicial practice , basically it is not used,and after analysis,we can see a lot of problems has existed in it, embodying in: One person can set up an accomplice system confusion; of the patterns of crime led to the theory of conflict; abetting content uncertain, instigated by the person did not commit the crime of instigation, it is difficult conviction and sentencing.The aim of this article is to search the reason of the unusing of the Article 29, paragraph 2, and how to punish the other crimes of abetting.The focus of the article :Abetting in the crime is committed in concept, abettor to be dependent on the implementation of a committed act can only realize their danger to society of criminal intent, abetting acts of a different, abettors should also attributable to the nature of an accomplice from the properties, from an accomplice Properties that do not deny complicity inherent antisocial and Personal Danger. The independent abettor is not a complicity category, should separate out from section three of chapter two of criminal law.The independent abettor should establish the crime of abetting. Setting abetting crime is not only necessary but also feasible. It should be in the sub-section I of Chapter VI of the crime of disturbing public order additional abetting in the crime.And the other three abettings should be in the abetting crime , abetting impunity before and after the implementation of the act, not specific person abetting, a charge of abetting.And the persons causing death by abetting the troublemaker to escape should be punished by the crime of abetting.The artical is trying to settle the foot of the disputes of the abetting theory,on the analysis of the abettor's property problem .The independent abettor should establish the crime of abetting. On one hand ,to re-construct of the system of the common crime ,on the other hand ,to punish the instigation attempt and others by setting the abetting crime.