A Study Of Abettor

In China's "Criminal Law" Article 29,Abetting a crime,according to him in the role of a common criminal punishment,which shows that abettor is guilty of complicity in abetting, At the same time,article 2 also provides:If the person is not guilty of abetting the crime he was abetting,the abettor can be punished lighter or mitigated.The narrative of the section implies that abettor may not be a total of perpetrator.It must be a common crime because two or more common crime.For being an instigator,it is not guilty of abetting the crime he was abetting.At this point,the abettor was not complicity.So,under such circumstances how to deal with the abettor is a question.Based on this,the author used the method of comparative study,introducing abettor theory of Germany and Japan and our country,and attempts to emphasize the nature of our country abettor,the establishment of the Elements,the unfinished aspects of morphology and punishment put forward their own views.This article is divided into four parts:First,the nature of Abettor.Regarding the nature of abettor,there is an accomplice from the main property with accomplice independence in Germany and Japan;In China,the main instigator of independence has said that the instigator from the property and abettor is duality.Analyzing the theory mentioned above,from the crime against nature and the perspective of legal interest,the author put forward their own opinion about the nature abettor. That is to say,when the perpetrator acts against the law benefits,it caused a certain degree of risk,then,Abettor crime can be punished.Second,abettor's punishment basis.About abettor's punishment basis,Germany,the date had the responsibility accomplice saying that the illegal accomplice mediated stirs up said that our country's logically coherent argument was the subjective and objective unification said that,The author approved of revises stirs up said that Thought that the setteron instigates the principal offender to implement the criminality,thus has caused the law profit violation result occurrence,Therefore the setteron must instigate the behavior to be responsible,definitely attempted instigates to be possible to punish the nature.Third,the establishment of the Elements abettor.Introduction this section separately in Germany and Japan and our country regarding the establishment of Abettor Elements, that is,subjective and objective elements of the Elements.Draw the following conclusions:(1) on subjective abettor constitutes only by deliberate,Including direct and indirect intentional;(2) there is no fault abettor,But there is guilty of abetting the fault;(3) one-sided existence abettor,Since one-sided subjective Abettor up with abetting intentional,Also on the implementation of the objective abetting acts,NOT only was the and abettor to recognize its abetting only,Was the abettor to recognize and accept their abetting others are two different questions;(4) Ways abetting,may be express,implied,oral,written,but so was the abettor should not lose our will freely,Otherwise,the abettor is being set up indirectly;Omission should not set up instigator,abettor only as a positive form of implementation;(5) was the abettor must have responsibility,namely to reach the age of criminal responsibility must be with the person of criminal responsibility;(6) Target and abetting crimes must be specific. Abetting or some object for a specific object can be,but by the instigation of the crime should be excluded from our country of criminal law as provided for in the seditious crime(5).Fourth,Abettor unfinished form.Introduction This section separately in Germany and Japan and our country Abettor unfinished aspects of the theory of morphology,reach the following conclusions:(1) Abettor preparatory acts and prepare offenders abettor can not have a penalty of;(2) for people NOT to be abetting the crimes committed by abetting, abettor at this time belong to the preparatory crime,nor does it have the crime and may be fined sexual;(3) the suspension of abettor should be based on whichever combination of Say. If the person in good faith and abetting efforts to prevent people abetting criminal acts,and its strength is sufficient to effectively prevent the occurrence of crime results,For abettor shall be guilty of the suspension,the so-called "quasi-suspension of offenders",it is recommended our country part of the Criminal Code to increase at a common crime committed on the quasi-termination provisions.Fifth,instigator penalty.Based on the analysis of Germany and Japan and about our country abettor on the punishment question,put forward its own punishment Abettor about comments:(1) of abetting the crime,he shall,in accordance with common crime at the role of punishment,According to the strength and abetting the crime of being implemented by these people realize the extent to which that common crime abettor at the role;(2) dissatisfaction with abetting full fourteen minors 16 years of age to commit "intentional homicide, intentional injury causing serious injury or death,rape,robbery,drug trafficking,arson, explosions,running the crime of dangerous substances",it should be heavy punishment;(3) abetting the full 16 years of age fourteen people dissatisfied with the implementation of the above eight kinds of acts other than acts,And abetting people dissatisfied with fourteen years (3) abetting the full 16 years of age fourteen people dissatisfied with the implementation of the above eight kinds of acts other than acts,And abetting people dissatisfied with fourteen years of age a crime,not to set up abettor,and the perpetrator should be punished indirectly.Conclusion.Finally,the main opinion in this article should be summarized.