Instigator Of A Number Of Issues

The abettor is a most complicated type in accomplice, compared with other types , it displays stronger peculiarity and independence. French Penal Code stipulated abettor for the first time in 1810, since then, the abettor theory was developed fully in the mainland law system countries. At present, in the research field of abettor , the mainland law system remains dominant because of its advanced theory abundant contents integrated system.China started to introduce the concept of abettor since Qing dynasty revised law. Still now, the scholars have been studying abettor theory in the form of special subjects, the related research emphasis is still basic abettor theory. Along with rapid development of culture . education and other undertakings of our nation , there appear numbers of new situations and new problems in the research field of abettor theory , in addition , in view of inherent complexity of abettor , leeway for further research and discussion of many controversial issues related is very broad , therefore , it is necessary for us to do detailed analysis in accordance with main issues mentioned above in light of judicial practice and theoretical situation.This article contains five parts. Contents of the first part are the concept and the establishment conditions of abettor. The second part defines the nature of abettors, and expounds the six different theories, and think that the correct theory to which we should adhere is dual character theory of dialectic and unity . The third part discusses the three unfinished forms : preparation , suspension, not-accomplishment. The forth part detailedly and emphatically analyses conviction of abettor, in this part ,in the first place , describes conviction basis of abettor ,and then discuss how we should convict abettors in the six cases . The fifth part expounds the four questions closely related to abettor.