The Instigator Study

The Theory of Abettor is deeply rooted in the Theory of Joint Offence and is an important component of it. In the meantime, the problem of abettor is one of comparatively complex and big controversy in theory problems of the Criminal Law in our nation. So it is necessary to organize it. For the difference in cultural tradition in law, mode of thinking in law, and so on in all the countries, they have different views on the understanding for abettor, and that embodies on focus the understanding of the property on abettor. The controversy in theory roots in the illegibility of law-making stipulation. For a long time, scholars in our country have had different explanations on Article 29, Section 2 in current criminal law of our country and could not achieve harmony. For the criminal law of our country is deeply influenced by countries which implement Continental Legal System, this paper sets forth that abettor is one of joint offenders by the explanation on the concept and property of abettor with the method of Comparative Penal Law, discusses the problem on important components of abettor and indicates the standpoint of this paper in view of punishment regulations of our country.