On The Unfinished Form Of Abettor Crime

The preparation and attempt pattern of abettor crime is one of the most complicated issues on the theory of unfinished form of abettor crime.There are considerable controversy and diverse views in academic circles.The reasons come from the disagreement about the nature of abettor and the different understandings towards the second clause of article 29 of the Criminal Law.Therefore,author analysis the above two questions around the second clause of article 29 of the Criminal Law and put forward the views.This article is divided into five parts,there are 37,000 words.The first part is to determine the unfinished form of abettor crime with the criminal case. this section introduces an actual cases to make the criminal academic circles and judicial practice department concerned about problem that how to understand the second clause of article 29 of the Penal Code.Then introduces the four different views about dealing with this case and points out the controversial place.Author responds to this case in the latter paper.The second part is about the overview of theoretical researches about attempt pattern of abettor.This part firstly introduces the fourth different opinions about attempt pattern of abettor crime and analyzes these opinions.Author thinks these opinions have fatal error,it is out of how to maintain the initiating of crime to talk about the attempt pattern of abettor,the conclusion is not scientific.Then introduces the civil law and common law regarding attempt pattern of abettor theory,the Civil law's countries insist the theory of subordination and consider the abettor is Subordinating to the executor,which make the abettor guilty.Therefore, the Civil law's countries do not worry about the attempt pattern of abettor we are discussing. In the common law countries,The establishment of abetting crime is no relationship with the criminal acts were abetted,In their view,attempt pattern of abettor only refers to attempt pattern of the attempted act itself.About the theoretical premise of this article,this section mainly discusses the punishment ground of attempted offense and the nature of abettor. Author think the nature of crime is valueless behavior and then consider the punishment ground of attempted offense shpuld insist the compromised theory of attempted crime.As to the nature of the abettor,I object to discuss this problem with the theory of subordination, theory of independency and theory of duality,because the theory of subordination or theory of independency and theory of duality come from the dual complicity theory.But in our country it is not this similar theory,and our country can use the establishment conditions of the common crime and the theory of initiating of crime to explain the attempt pattern of abettor crime.The third part mainly analyzes about the establishment conditions of the attempt pattern of abettor crime.Author analyzes the establishment conditions from the objective and subjective element,and then analyzes the establishment conditions of attempt pattern of abettor crime from the initiating of abetted crime and the reason out of will.Author think the attempt pattern of abettor crime means the people abetted begin to implement the provision of the Criminal Law but doesn't succeed,including people abetted unsuccessful,abettor too; People abetted suspending of crime,abettor unsuccessful;Essentially,these should belong to attempt pattern of abettor common crime.Then author compares the concept of attempt pattern of abettor crime with unsuccessful abetting.Finally,author begins to respond to the case and thinks this case doesn't constitute attempt pattern of abettor crime.The fourth part is about the research on some related controversial issues on the second clause of article 29 of the Criminal Law.In this part,the author introduces several different viewpoints on the second clause of article 29 of the Criminal Law.These views are preparation pattern of abettor crime,attempt pattern of abettor crime,attempt pattern of Indirect Principal Crime,attempt pattern of crime instigated,and independent instigation crime.Among those viewpoints,author is in favor of the viewpoint of preparation pattern of abettor crime after analyzing and proves it in many aspects with the opinion that the second clause of article 29 is not the provision on attempt pattern of abettor crime,but the provision on preparation pattern of abettor crime,it can't be deleted,and there is no punishment to this situation,there is no necessity to stipulate an independent instigation crime,either.At the end, the author responds to the case stated at the beginning of this paper with the correct understanding of the second clause of article 29 of the Criminal Law.Author thinks the first viewpoint on this case is more advisable.Mr.Zhang,the instigator,and Mr.Ma,the person instigated,were the preparation state of joint offence of instigation intentional injury crime. They should be punished according to the first clause of article 29 of the Criminal Law and Article 22 of the Criminal Law,but not be punished simply according to the second clause of article 29 of the Criminal Law as attempt pattern of abettor crime.The firth part,this section further discusses the second clause of article 29 of the Penal Code,and then explains three special kinds of controversial cases about abettor crime.Author thinks the criminals without identity abets the criminals with identity to implement crime but don't success;the criminals abet the people without criminal responsibility but don't success and with the case of indirectly abetting,In all these situations,it is reasonable to punish the abettor according to the second clause of article 29 of the Penal Code。...