Attempted Solicitation Study

It hasn't reached a consensus on the problems such as the conception of attempted instigation, the relation between attempted instigation and agent provacateure, whether the abettor in attempted instigation could be an instigator, if it should be punished and how to punish it. Also it hasn't a clear statement provision on the legislation . With the attempted instigation phenomenon appearing continuously in the judicatory , the related personnel's responsibility needs to be resolved. On the ground of conception of attempted instigation , the article clarifies the nature of attempted instigation, analyzes the constituent factors and the types, discusses the abettor's responsibility, and puts forward some suggestions about legislation.The thesis is divided into five parts. In partⅠ, it talks about the conception of attempted instigation according to analysis of the existing ones, study about agent provacateure and instigation abortion etc. The writer holds that attempted instigation should be pointed that a person who still instigates others to offend against the law , though he foresees the instigated person couldn't carry out the crime. In partⅡ, the author considers it independent instigating phenomenon, the abettor can neither be an instigator ,nor an attempted offender. PartⅢstudies the constitutive requirements in five aspects such as subjective intention of the abettor , the acting of the abettor etc. Also it classifies the attempted instigation according to different standards. Using the theory of attempted instigation, the thesis studies specially on the legality about luring investigation and the person's responsibility in partⅣ. PartⅤis about the responsibility of the abettor in attempted instigation. The writer thinks that we should treat non -pure chance of attempted instigation on the criminality and the penalty . At the end of the thesis, the author suggests that being an independent crime, attempted instigation should be added as trapping detection in the specific provisions of criminal law.