Analysis Of Abetting The Crime

A solicitation criminal refers to , according to the subscription of the 29th article in our penal code, a person who induces another individual to commit a crime. In other words ,a solicitation criminal is also called Mens Rea-maker ,the characteristic of which is that he produces mens-rea and achieve his means-rea by the one solicited. A solicitation criminal takes it for granted to produce and infuse mens-rea to others ,plays a role in society as a virus-carrier and transmits criminal-virus to others especially those who is feeble-minded ,which makes the society contaminated by crimes. To some extent , a solicitation criminal is an origin of crime. Clarifying the characteristic of solicitation, we can thoroughly cognize the wicked function of the solicitation criminal in co-felony and reveal its great harm to the society. A solicitation criminal is a special type of the co-felony classification in criminal law. We assort the co-felons according to their functions in co-felony whereas a solicitation criminal is the result of the classification in accordance of distribution. There are several characteristics which distinguish a solicitation criminal from other kinds of co-felons and there is a great diverge among the subordinative theory ,the independent theory and double theory in about the nature of the solicitation criminal. In the author's opinion, the nature of the solicitation criminal is the integrity of subordinative side and independent side. The article will analyze the generally-accepted theory in particular, demonstrate the nature ,the type ,the essential elements of solicitation and the attempted solicitation, investigate other country's subscription about solicitation and pose the author's constructive idea about it .