Instigator Aborted Form Of Research

Instigator is one form of crime stipulated by criminal law of PRC.Comparing with the other forms of crime,it has its own specialty and complexity,with the result that the theory has become one of the most disputed theories in jiont crime,even be called "the land of death".Instigator of the suspension will be a common crime problems and crime problems with the suspension,and suspension of common crime and crime have in theory is a very complex issue,so in theory,lead to the suspension of the abettor divergent patterns.Chaos theory to the judicial practice to deal with such problems caused by the confusion,therefore,to study the issue of great significance.This article tried to explore on this issue,with a view of our theory of criminal law and judicial practice benefits.This dissertation is divided into four parts:PartⅠ:the theoretical basis of the Instigator.By analyzing the different kinds of understanding about suspension Instigator,the author points out that the key to this problem is to correctly understand the relationship between Instigator and perpetrator. Comparing with different kinds of theoris,the paper agrees with the theory of subordination of accomplices.PartⅡ:to explore the establishment conditions Instigator of the suspension.This part mainly from three areas to study the instigator of the establishment of conditions of suspension.First,the suspension of instigator of the scientific definition of time and space,.according to the author's view that the establishment of Instigator of spatial and temporal scales suspended from the instigated prepared to proceed with the crime to the results of elements only;Second,the instigator of the suspension of automatic identification standards in any of the instigator of several of the basis of theory analysis,we believe that people should first of all to the general standards as a reference to the perpetrator's subjective standards to determine status,the general situation is that the external obstacles,the perpetrator is also considered to be obstacles to stop crime,it is attempted obstacles;objectively there is no external obstacles, people mistakenly assume that the existence of acts and to stop crime,it is the obstacle that attempted;Although most people recognize the existence of external obstacles,but the acts of people mistakenly believe that there is no decision to stop the crime,then the suspension is arbitrary;Third,the suspension of the effectiveness.we believe that reasons for that view is reasonable,Instigator to the suspension of the establishment of crime must be effectively cut off their own abetting acts of the aider and abettor of the crime by reason of force.PartⅢ:the justicion of many special instigators suspension.In this part of the main instigator for a simple classification based on several special suspension abettor of the crime so that the standards are discussed.First,the suspension frame instigator. The author believes that through research,framing abetting abettor in general is essentially the difference between the two does not exist in general and the special relationship that can not be within the scope of abettor abettor to discuss the issue of framing.Framing abetting abetting and was not common among the relationship between crime,so the suspension on the frame of abetting that can not be on the basis of the second part of the general common crime committed in the abetting of the processing that should be in accordance with the separate crime of criminal suspension of the required standards to that.Second,co-instigator of that suspension,the suspension of co-instigator of common crime do not exist to set up the question of suspension of crime,the aider and abettor in some cases,the suspension of crime,as long as the aider and abettor after their positive efforts to eliminate the causes of the previous acts,and even criminal acts in the final to be completed or the final outcome of criminal cases have occurred,the perpetrator of crime can also set up suspension. Third,it is probable and abettor abettor with the selective suspension of the identification,probable and abettor abettor with the selective suspension of the establishment of crime must be effectively eliminated their continued acts of crime or crime of the reasons for the occurrence of the outcome,and been persuaded to give up the abetting abettor least of all crime,or to take effective measures to the results of the occurrence of crime.PartⅣ:legislative proposals.First,the deletion of the Penal Code article 29,paragraph 2 of the legislation;Second,adding Instigator frame of an independent crime;three,to increase common crime suspension of the legislative provisions.