A Study Of Several Issues On Instigator

The instigation crime is one of the difficult issues in the Criminal Law because of its uniqueness and complexity.For a long time, most scholars study instigation crime in the area of joint crime, but the puzzle in theory and practice can not really be solved. In recent years, instigation crime has been discussed in-depth by more and more scholars, but there are still a lot of confusions. The paper analyzes dialectically Instigation in concept and nature and elements by means of comparative studies and integrating theory with practice. Firstly ,it overviews the viewpoints on the instigation crime form the West and Domestic;Secondly,it sets out its opinions and suggtions.In the foreign law and academic articles ,the concept of instigator is stated form the position of joint crime by most scholors.There are lots of opinions on instigator. In China's criminal law ,Instigator is highly summaried abstractedly. We should adhere to the principle of integrating the subjective and objective and analysis comprehensively the elements of instigators.I believe that instigation include the object element,the objective element,the subject element and subjective element.It is highly controversial on the nature of instigation crime between joint crime dependence and joint crime independence in foreign crimimal law field.The point of the instigation crime's dual character is the general point in our criminal law field. I believe that the research of nature base on scientific analysis.We should escape from the theory of jojnt crime.I believe the instigation have all of the elements of crime.The instigation crime is not a joint crime,and it should be separately described as"Intigation crime" in the relevant chapter of the criminal law.Besides,I embody my own view on the classification and stopping of the instigation crime.