Study On Item No.2 Of Article No.29 In The Criminal Law

The study on item No.2 of article No.29 in the criminal law has significant meaning in theory and practice as well. There are many arguments over this item in the academic cycle, among which its meaning, nature, crime pattern, punishment foundation are most controversial. However, all the comments have the same stand: from the criminal subjectivism stand, based on instigator's independent character, get the conclusion that the instigator without principal should be punished. This paper, on the other hand, sticking to criminal objectivism, based on the theory of violating legal interests, reinterpret this'well-known while not truly-known'article. Therefore, the study on item No.2 of article No.29 in the criminal law bears significant meaning on terms of legislation, interpretation as well as practice.Raising a problem-analyzing the problem-solving the problem is the pattern of this article. Firstly, it analyzes in vast detail the arguments and problems with regard to the meaning, nature, crime pattern, punishment foundation of item No.2 of article No.29, and points out the theoretical and practical problems generally accepted theory may bring about. Moreover, this article analyzes some new lines of thoughts of late and each adequacy. Secondly, with the tools of interpreting, this article advocates'the theory of initiation of a crime'----so that this item is restricted to initiation of a crime of the principal, and oriented in the system of attempted crime-----,and demonstrates the theoretical foundation-----the pressing criminal danger. Hence, in the system of attempted crime, the relationship of two articles on attempted crime is discussed, and the significance and its potential critics is fully analyzed. Thirdly, based on the clearly defined item, this article insists instigator's dependent character should be carried on, and a detailed demonstration with regard to dependent character of instigator and restrictive dependent character is given. Furthermore, it advocates relativity of the concept of crime in the crime system of our nation, clearing the theoretical obstacles in the way carrying on restrictive dependent character. At last, based on the eclectic causation theory in the criminal jurisprudence of Continental Europe and Japan, this paper demonstrates the legitimacy of'the theory of initiation of a crime', and draws the conclusion that instigator must be punished within the frame of the theory of violating legal interests.The conclusion of this paper is: criminal objectivism,'the theory of initiation of a crime', instigator's dependent character, and the eclectic causation theory must be carried on and stick to.