Instigator Reconstruction See

Joint crime is an important question in criminal law and the question of instigator is an important and thorny question. How to delimit the quality of instigator directly influences the delimitation of the nature of joint crime. Nevertheless, the theories concerning joint crime are at issue. This paper attempts to explore the question of the instigator with the intention to cast a brick to attract jade and to enrich our nation's criminal law.This thesis consists of preface, main body and conclusion. Preface gives a survey of the significance of studying the question of instigator as well as the present domestic situation of research into it, and meanwhile exposes the logical trail of the author's unfolding this thesis. The main body is made up of four sections. The first section reviews the history of the guilt of instigation. This section beginning with the instigator in ancient China's criminal law examines in ancient, modern and new China's criminal laws together with in ancient, modern and some other socialist countries'criminal laws. The second section is concerned with joint crime theory related to the instigator in Civil Law. This section makes a study of the scope and nature of joint crime. The author probes into the essence of joint crime theory in Civil Law, tracing to the source and carefully arranging the scope of joint crime in terms of theory of criminal joint and theory of behavior joint and the nature of joint crime in terms of theory of accessory of accomplice and theory of independency of accomplice. The aim of writing this section is to make clear joint crime theory in Civil Law so as to exert influence of reference on the question of instigator in China's joint crime theory. The third section explores the nature of the instigator in our nation's criminal law. This section firstly discusses divergence of views in academic circles of China and rejecting the former method of research on the instigator that did not differentiate whether the instigated committed the crime of instigation or not and distinguishing the two cases of instigation redefines the scope and nature of the instigator. Except that, the section delimits the concept of the instigator and constructs the important tenable conditions for the instigator. The fourth section is concerned with instigating crime. The section explains the legislative grounds on the instigating crime, conception, construction and the application of instigating crime. In the conclusion, the author restates his views in the previous part of the paper: instigator (accomplice instigator) is an independent type of joint crime and has attributes in nature. Except that, implementation has not been instigating in the crime of instigating the occasion, simply instigating acts will be brought to reality or against the interests of the law against the risk. To effectively carry out the crime of statutory protection function, the author proposes the creation of abetting crime in order to solve the problem of judicial code.