Research On Property Of Abettor

In the theory of criminology, even in theory of the criminal law, Abettor theory is an important issue, the principal problem of the theory of abettor is the problem about property of abettor,because of holding different views to the property of abettor will result in different conclusions of all the other problems of abettor. So if we want to research the theory of abettor,the first thing is that we must locate the property of abettor. But in China's criminal law,whether the theory of property from accomplice or the theory of independent property of accomplice, and the theory of double property of abettor can't satisfactorily resolve all the related problems of abettor.This paper reveals that behavior of instigator has double property, and the double behavior will result in doule rechtsgueter has been violated, and thus to explain the property of abettor. The first property of behavior of abettor (property of the behavior of implementation) will result in the first rechtsgueter been violated, according to the property of the first rechtsgueter, I suggest that it should be separately described as the cime of solicitation in the relevant chapter of the criminal law, and this can explain that abettor has the independent property; the second property of behavior of abettor (property from the behavior of implementation of the person who implement crime) will result in the second rechtsgueter been violated, according to the property of the second rechtsgueter, the offender should be prosecuted by the accusation what he solicited, and this can explain that abettor has the property from the person who implement crime that other people solicit. Finally, I arrive at the conclusion that abettor has double new property, and thus to solve the related problems of abettor.This paper is divided into four parts. The first part, the history and the current situation of the abettor: this section mainly introduced the stipulation and evolution of the abettor in China's slavery era's law, feudal era's law , the existing law,and in Civil-law countries'criminal law and common law countries'criminal law. The second part, controversy of theory about property of abettor: this section mainly introduced the controversy and location about property of abettor in Civil-law countries'criminal law , common law countries'criminal Law and china's criminal Law. The third part,new explanation on the property of abettor: this section is the focus of the article, firstly, I analyzed the provision of China's Criminal Law in Article 29, paragraph 2,and arrived at the conclusion that this provision violated principle of legality,so I think that there has inevitability, necessity and legitimacy to set up adding of the crime of solicitation in criminal law's sub-rule, finally, accoding to the doule rechtsgueter has been violated by behavior of abettor, I arrived at the conclusion that abettor has new double property: both property from accomplice and independent property of accomplice. The fourth part, about the conviction of abettor after adding of the crime of solicitation is set up in criminal law's sub-rule: this section based on adding of the crime of solicitation is set up in criminal law's sub-rule,and then combine with the theory of new double property of abettor to solve the related conviction of criminal of solicitation. I think that if adding of the crime of solicitation is set up in criminal law's sub-rule, not only can correctly reveal the property of the abettor, but also can provide reasonable punishment basis for abettor, when the person is not guilty of abeting the crime he was abeting, thereby, it can free judge from dilemma that no penalty against the criminal law, punishment can not find a reasonable basis.